SCGMA 2024 End of Year Legislative Report

The 2024 California Legislative Session concluded on September 30th, marking the final day for Governor Newsom to sign or veto pending legislation. This year, SCGMA achieved another successful session, not only advancing key industry initiatives but also working extensively to defeat measures that could negatively impact our industry. While we were successful in preventing several concerning proposals from becoming law, it’s essential that contractors and industry stakeholders are aware of the significant new laws that were enacted.

Among the notable legislative victories were major reforms to the Private Attorney General Act (PAGA), including an extension to the PAGA carveout for the unionized construction sector. This carveout enables union signatory contractors to exempt themselves from all PAGA litigation through language in their collective bargaining agreements.

Below is a summary of all pertinent legislation passed during the 2024 session that will impact contractors and the broader construction industry. All newly enacted laws will take effect on January 1, 2025, unless otherwise specified.

Codes & Standards

AB 1976
AUTHOR: Haney D
TITLE: Occupational safety and health standards: first aid materials: opioid antagonists.
SUMMARY: Requires the Division of Occupational Safety and Health (Cal/OSHA), before December 1, 2027, to submit a draft rulemaking proposal to revise standards to require first aid materials in a workplace to include naloxone hydrochloride or another opioid antagonist approved by the United States Food and Drug Administration. The Occupational Safety and Health Standards Board shall consider for adoption of these revised standards on or before December 1, 2028.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 689, Statutes of 2024.

SB 597
AUTHOR: Glazer D
TITLE: Building standards: rainwater catchment systems.
SUMMARY: Requires the Department of Housing and Community Development to develop and propose building standards for the installation of rainwater catchment systems in newly constructed residential dwellings.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 861, Statutes of 2024.

SB 1382
AUTHOR: Glazer D
TITLE: Community and rural health clinics: building standards.
SUMMARY: Requires construction standards for a licensed community clinics to comply with the federal safety and accessibility standards required for clinics to participate in Medi-Cal and Medicare, and repeals a provision of law prohibiting building standards for outpatient clinical services of a hospital from being more restrictive or comprehensive than comparable building standards applied to licensed clinics.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 796, Statutes of 2024.

Contractors` License Law

AB 2622
AUTHOR: Carrillo, Juan D
TITLE: Contractors: exemptions: work and advertisements.
SUMMARY: Authorizes a person who does not have a contractor’s license to both advertise for and perform construction work or a work of improvement if the total cost of labor, materials, and all other items, is less than $1,000 and the work does not require a building permit.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 240, Statutes of 2024.

AB 3253
AUTHOR: Berman D
TITLE: Board for Professional Engineers, Land Surveyors, and Geologists: licensees: professional land surveyors: surveying practices: monuments and corner accessories.
SUMMARY: Requires licensed land surveyors or registered civil engineers to restore or rehabilitate any monument that is used as part of a survey to a permanent condition so that it may be referenced and used in the future.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 588, Statutes of 2024.

SB 1455
AUTHOR: Ashby D
TITLE: Contractors: licensing.
SUMMARY: Extends the sunset date of the Contractors State License Board by four years, until January 1, 2029, clarifies that federally recognized tribes are able to obtain a contractor’s license; and delays implementation, until January 1, 2028, of the of the requirement that contractors who report that they have no employees must still carry workers compensation coverage.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 485, Statutes of 2024.

Environment & Energy

AB 1921
AUTHOR: Papan D
TITLE: Energy: renewable electrical generation facilities: definition.
SUMMARY: Adds facilities that uses linear generators, using renewable fuels, to the definition of “renewable electrical generation facility.”
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 556, Statutes of 2024.

AB 2235
AUTHOR: Lowenthal D
TITLE: Public contracts: local agencies: wind infrastructure.
SUMMARY: Authorize the City of Long Beach to procure contracts relating to the terminal development project at the Port of Long Beach, known as Pier Wind, and to enter into an alternative project delivery method contract for that purpose. Projects performed under this authority will be subject to an enforceable commitment to the city that the prime contractor and its subcontractors at every tier use a skilled and trained workforce.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 707, Statutes of 2024.

AB 2427
AUTHOR: McCarty D
TITLE: Electric vehicle charging stations: permitting: curbside charging.
SUMMARY: Requires the State to develop a model permitting checklist, model zoning ordinances, and best practices for permit costs and permit review timelines to help local governments permit curbside electric vehicle charging stations as part of the State’s development of an Electric Vehicle Charging Station Permitting Guidebook.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 567, Statutes of 2024.

AB 2453
AUTHOR: Villapudua D
TITLE: Weights and measures: electric vehicle supply equipment.
SUMMARY: Prohibits, until January 1, 2028, requiring that electric vehicle supply equipment (EVSE) be retested or placed back into service by a service agency or sealer after receiving maintenance if the EVSE has previously been placed in service by a service agency or sealer.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 399, Statutes of 2024.

SB 1420
AUTHOR: Caballero D
TITLE: Hydrogen production facilities: certification and environmental review.
SUMMARY: Adds hydrogen production facilities and onsite hydrogen storage and processing facilities, of hydrogen that is not derived from a fossil fuel, to the types of facilities that existing law makes eligible for centralized permitting and expedited review under the California Environmental Quality Act.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 608, Statutes of 2024.

General Industry

AB 869
AUTHOR: Wood D
TITLE: Hospitals: seismic safety compliance.
SUMMARY: Authorizes a Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital, to seek approval from the Department of Health Care Access and Information for a delay of the January 1, 2030 seismic compliance deadline of up to three years.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 801, Statutes of 2024.

AB 1034
AUTHOR: Grayson D
TITLE: Labor Code Private Attorneys General Act of 2004: exemption: construction industry employees.
SUMMARY: Extends the union construction industry PAGA carveout until January 1, 2038, protecting contractors from costly PAGA litigation.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 803, Statutes of 2024.

AB 1862
AUTHOR: Chen R
TITLE: Engineering, land surveying, and architecture: limited liability partnerships.
SUMMARY: Extends the sunset dates on provisions authorizing licensed engineers, land surveyors, and architects to form limited liability partnerships to January 1, 2034.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 361, Statutes of 2024.

AB 2114
AUTHOR: Irwin D
TITLE: Building standards: exterior elevated elements: inspection.
SUMMARY: Adds licensed civil engineers to the types of inspectors eligible to perform visual inspections of exterior elevated elements for which a homeowners association has maintenance or repair responsibility.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 100, Statutes of 2024.

AB 2179
AUTHOR: Davies R
TITLE: Pupil services: local apprenticeship programs: notification of parents or guardians.
SUMMARY: Require a school district to provide information on local state approved apprenticeship programs to the parents or guardians of students advancing to grades 11 and 12.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 62, Statutes of 2024.

AB 2288
AUTHOR: Kalra D
TITLE: Labor Code Private Attorneys General Act (PAGA) of 2004.
SUMMARY: This measure reflects one half of the PAGA compromise struck between the business community and organized labor. Limits standing for PAGA plaintiffs to where the employee personally suffered a violation and reduces PAGA penalties.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 44, Statutes of 2024.

AB 2696
AUTHOR: Rendon D
TITLE: Labor-related liabilities: direct contractor and subcontractor.
SUMMARY: Authorizes a joint labor-management cooperation committee to bring an action in court against a direct contractor for any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed to a wage claimant by the direct contractor for the performance of private work.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 734, Statutes of 2024.

ACR 141
AUTHOR: Ortega D
TITLE: Women in Construction Week.
SUMMARY: Would proclaim the week of March 3, 2024, to March 9, 2024, inclusive, as Women in Construction Week.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 43, Statutes of 2024.

SB 92
AUTHOR: Umberg D
TITLE: Labor Code Private Attorneys General Act (PAGA) of 2004.
SUMMARY: Creates a formal right to cure process on PAGA litigation. If companies cure a labor code violation to the satisfaction of the Labor and Workforce Development Agency then, generally, a PAGA suit cannot be commenced.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 45, Statutes of 2024.

SB 778
AUTHOR: Ochoa Bogh R
TITLE: Excavations: subsurface installations.
SUMMARY: Revises provisions in the Dig Safe Act related to operator and excavator responsibilities when preparing for, and conducting excavations.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 447, Statutes of 2024.

SB 1034
AUTHOR: Seyarto R
TITLE: California Public Records Act: state of emergency.
SUMMARY: Adds an additional unusual circumstance under which the initial response time to a public records request may be extended to include records during a state of emergency proclaimed by the Governor in the jurisdiction where the agency is located when the state of emergency affects the agency’s ability to timely respond to requests due to staffing shortages or closure of facilities where the records are located.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 161, Statutes of 2024.

SB 1207
AUTHOR: Dahle R
TITLE: Buy Clean California Act: eligible materials.
SUMMARY: Expands, for the purposes of the Buy Clean California Act (BCCA), the definition of “eligible materials” to include all insulation rather than only mineral wool board insulation.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 325, Statutes of 2024.

SB 1280
AUTHOR: Laird D
TITLE: Waste management: propane cylinders: reusable or refillable.
SUMMARY: Prohibits, on and after January 1, 2028, the sale or offer for sale of propane cylinders other than propane cylinders that are refillable, or are customarily used in the construction industry.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 466, Statutes of 2024.

SB 1321
AUTHOR: Wahab D
TITLE: Employment Training Panel: employment training program: projects and proposals.
SUMMARY: Applies additional goals and project requirements for the Employment Training Panel (ETP), including meeting Division of Apprenticeship Standards (DAS) criteria for high road job training programs. The measure also requires the ETP to provide and make available to the public a regularly updated list of all applicants that have submitted applications.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 469, Statutes of 2024.

Labor Relations

AB 2499
AUTHOR: Schiavo D
TITLE: Employment: unlawful discrimination and paid sick days: victims of violence.
SUMMARY: Entitles an employee of an employer with 25 or more employees who is a victim or who has a family member who is a victim of a crime to unpaid job protected leave to attend to their or their family member’s needs and ensure their safety. Additionally permits both an employee victim and an employee who has a family member who is a victim to use sick leave for time off to obtain victim services. The total leave taken may be capped at 12 weeks.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 967, Statutes of 2024.

SB 399
AUTHOR: Wahab D
TITLE: Employer communications: intimidation.
SUMMARY: Enacts the California Worker Freedom from Employer Intimidation Act to prohibit an employer from subjecting, or threatening to subject, an employee to discharge, discrimination or retaliation because the employee declines to attend an employer-sponsored meeting or declines to participate in, receive, or listen to any communications with the employer, the purpose of which is to communicate the employer’s opinion about religious or political matters.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 670, Statutes of 2024.

SB 1090
AUTHOR: Durazo D
TITLE: Unemployment insurance: disability and paid family leave: claim administration.
SUMMARY: Authorizes workers to file a claim for State Disability Insurance or Paid Family Leave benefits up to 30 days in advance of the first compensable day of disability and requires the Employment Development Department to issue payment on those claims within 14 days of receipt (per existing law) or as soon as eligibility begins for the claimant, whichever is later.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 876, Statutes of 2024.

Public Works

AB 1957
AUTHOR: Wilson D
TITLE: Public contracts: best value construction contracting for counties.
SUMMARY: Expands a pilot program for the Counties of Alameda, Los Angeles, Monterey, Riverside, San Bernardino, San Diego, San Mateo, Santa Clara, Solano, and Yuba for best value procurement for construction projects in excess of one million to include all counties. The bill also extends the sunset date on the authorization for the program from January 1, 2025, to January 1, 2030. The use of a skilled and trained workforce applies to all projects built under this authority.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 58, Statutes of 2024.

AB 2192
AUTHOR: Carrillo, Juan D
TITLE: Public agencies: cost accounting standards.
SUMMARY: Increases project cost limits specified in the California Uniform Public Construction Cost Accounting Act (Act) and broadens the California Uniform Construction Cost Accounting Commission’s authority to oversee and enforce the Act to ensure that public agencies subject to the Act are following the Act’s procedures.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 953, Statutes of 2024.

AB 2682
AUTHOR: Kalra D
TITLE: Santa Clara Valley Open-Space Authority.
SUMMARY: Authorizes the Authority to appoint a general manager to be the chief administrative officer of the authority and to enter into contracts of up to $50,000 without board approval. All expenditures related to contracts approved by the general manager shall be reported to the governing board at its next regular meeting; and the measure states that if the chief administrative officer of the authority enters into a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement, the decision by the chief administrative officer of the authority shall be binding on the authority, and all existing protest and grievance procedures regarding that decision remain valid.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 733, Statutes of 2024.

AB 2705
AUTHOR: Ortega D
TITLE: Labor Commissioner.
SUMMARY: Provides that, for a violation of public works law, the statute of limitations (SOL) for the Labor Commissioner (LC) to sue a bonding company shall be the same as the 18-month SOL for the LC to issue a civil wage and penalty assessment to the contractor or subcontractor on that project.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 242, Statutes of 2024.

AB 2812
AUTHOR: Kalra D
TITLE: Santa Clara Valley Transportation Authority.
SUMMARY: Increases the bid thresholds for contracts related to supplies, equipment, and materials for the Santa Clara Valley Transportation Authority. Does not impact the bid thresholds for construction and maintenance contracts.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 17, Statutes of 2024.

AB 3190
AUTHOR: Haney D
TITLE: Public works.
SUMMARY: Subjects affordable housing projects that utilize low-income housing tax credits to prevailing wage.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 759, Statutes of 2024.

SB 739
AUTHOR: Ashby D
TITLE: Construction manager at-risk construction contracts: City of Elk Grove: zoo project.
SUMMARY: Allows the City of Elk Grove to use the construction manager at-risk contracting method on construction contracts for the city’s zoo project. The bill also requires that the construction manager at- risk contracting entity and all subcontractors under the entity utilize a skilled and trained workforce.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 593, Statutes of 2024.

SB 956
AUTHOR: Cortese D
TITLE: School facilities: design-build contracts.
SUMMARY: Current law, until January 1, 2025, authorizes a school district, with the approval of the governing board of the school district, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract by low bid or best value. This bill would delete the provision making this authorization inoperative on January 1, 2025, thereby extending it indefinitely. The use of a skilled and trained workforce applies to all projects built under this authority.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 177, Statutes of 2024.

SB 1068
AUTHOR: Eggman D
TITLE: Tri-Valley-San Joaquin Valley Regional Rail Authority: contracting: Construction Manager/General Contractor project delivery method.
SUMMARY: Authorizes Tri-Valley-San Joaquin Valley Regional Rail Authority to use the Construction Manager/General Contractor project delivery method for contracts on the planning, design and construction of transit connectivity; potentially including work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 181, Statutes of 2024.

SB 1162
AUTHOR: Cortese D
TITLE: Public contracts: employment compliance reports: apprenticeship programs.
SUMMARY: Requires a contractor, bidder, or other entity to include the full name of, and identify the apprenticeship program name, location, and graduation date of, all workers in monthly compliance reports made to the public entity on projects with a skilled and trained workforce requirement. Also requires the Division of Apprenticeship Standards to, on or before July 1, 2025, create and maintain a public online database to access this information.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 882, Statutes of 2024.

SB 1303
AUTHOR: Caballero D
TITLE: Public works.
SUMMARY: Requires a private labor compliance entity to disclose potential conflicts of interest and submit to the awarding body a signed declaration under penalty of perjury verifying that it has no conflicts of interest.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 991, Statutes of 2024.

SB 1340
AUTHOR: Smallwood-Cuevas D
TITLE: Discrimination.
SUMMARY: Authorizes local entities to enforce the employment components of California’s civil rights laws that prohibits workplace discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
STATUS: Approved by the Governor. Chaptered by Secretary of State. Chapter 626, Statutes of 2024.

Transportation

AB 98
AUTHOR: Carrillo, Juan D
TITLE: Planning and zoning: logistics use: truck routes.
SUMMARY: Establishes a set of standards at the state level that apply to new or expanded logistics uses across the state to protect nearby residents from the impacts of those uses. Specifically, the new setback standards away from residential and other vulnerable sites for logistics facilities provided for under the bill reflect compromise between the industry and environmental advocates.
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 931, Statutes of 2024.

Workers` Compensation

AB 1870
AUTHOR: Ortega D
TITLE: Notice to employees: legal services.
SUMMARY: Requires employers to include information concerning an employee’s right to consult a licensed attorney in their workers’ compensation employee rights notice
STATUS: Approved by the Governor. Chaptered by Secretary of State – Chapter 87, Statutes of 2024.

Click Here to View the 2024 End of Year Legislative Report in PDF.

This content was provided by SCGMA professional counsel and is for general informational purposes only. Readers should contact their own professional counsel for company specific matters in the relavant jurisdiction.

 

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