Recent News from AIA California | December 4, 2019
There are many new laws that going into effect next year. Some are good to know, and some are MUST KNOW. For example, a new law adds new information that must be included in the contract between an architect and the client.
SB 608 – Architect Contract Requirements, Fingerprinting of Applicants, and Citations.
SB 608 makes several changes to the law that affects architects.
Contract Language
Most importantly, it requires new information to be included in contracts between architects and their clients.
For contracts entered into on and after January 1, 2020, the information in the contract must include these new items:
- The address of the project
- A description of the procedure that the architect and client will use to accommodate contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation and method of payment
- A statement identifying the ownership and use of instruments of service prepared by the architect
- A statement in at least 12-point type that reads “Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.”
SB 608 also states that, effective January 1, 2020, the contract requirements of Business and Professions Code Section 5536.22 do not apply to professional services rendered by an architect to a public agency when using that public agency’s written contract.
Fingerprinting of Applicants
SB 608 also requires applicants for licensure, beginning January 1, 2021, to furnish the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history record check and to undergo a state and federal level criminal offender record information search. Fingerprinting already is required of applicants for most professional licenses in California, and this change brings the California Architects Board into compliance with the policy of the Department of Consumer Affairs.
Note: the fingerprinting requirement does NOT apply to those renewing a license.
Citations
SB 608 authorizes an architect who receives a citation from the California Architects Board (CAB) to request an informal conference in writing, within 30 days of the date of citation, to the Executive Officer (EO) of the CAB. Authorizes the CAB EO or their designee to affirm, modify, or dismiss the citation following the informal conference, including any fine levied, order of abatement, or order of correction issued. Authorizes the cited person to request a formal hearing if the citation is affirmed or modified. Prohibits a cited person from requesting an informal conference for a citation which has been affirmed or modified following an informal conference.
AB 5 – Independent Contractors
AB 5 offers architects a limited exemption from the California Supreme Court Dynamex ruling which made significant changes to the independent contractor test. Under AB 5, n architectural firm that contracts with a licensed architect would not have to meet the Dynamex ABC test, but instead would have to meet the Borello multi-factor test to determine whether the worker is an independent contractor or employee.
AIA CA is working with a law firm to prepare a more detailed description of how AB 5 impacts the architectural profession, and should be completed soon.
AB 9 – Workplace Harassment
AB 9 extends the deadline by which victims of workplace harassment, discrimination, or civil rights-related retaliation must file their allegation with the Department of Fair Employment and Housing. Specifically, AB 9 extends that deadline from one to three years.
SB 451 – Historic Preservation Tax Credit
SB 451, legislation jointly sponsored by the California Preservation Foundation and AIA CA, creates a California Historic Preservation Tax Credit for taxable years 2021 through 2025. SB 451 does not fund the tax credit; the California Preservation Foundation, AIA CA, and the author of SB 451, Senate President Pro Tem Toni Atkins will seek $50 million in the 2020-21 state budget to fund the tax credit for 2021.
AB 48 – School Bond
AB 48 places a $15 billion general obligation bond measure on the March 3, 2020 ballot for the design, construction and modernization of public preschool, K-12, community college, University of California, and California State University facilities.
Housing Legislation
SB 330 – Housing Crisis Act of 2019
SB 330 intends to speed up housing construction in California through 2025 by reducing the time it takes to obtain building permits, limiting fee increases on housing applications, and barring local governments from reducing the number of homes that can be built.
AB 1763 – Density Bonus for Affordable Housing
AB 1763 requires a city or county to award a developer additional density, concessions and incentives, and height increases if 100% of the units in a development are restricted to low- and moderate-income households.
AB 1485 – Streamlined Housing Development
AB 1485 allows a project to be subject to streamlined ministerial review if the project contains 10 or more units and it dedicates 20% of the total number of units to housing affordable to households making below 120% of the area median income with the average income of the units at or below 100% of the area median income.
AB 101 – Housing Development
AB 101, among other things, requires local governments to provide “by right,” CEQA-exempt approvals to certain qualifying navigation centers that move homeless Californians into permanent housing.
AB 68 – ADU
AB 68 makes various changes to the existing ADU law, including:
- requiring local agencies to either approve or deny an ADU project within 60 days of receiving a complete building permit application on a ministerial (CEQA-exempt) basis
- prohibiting local agencies from adopting ADU ordinances that: impose minimum lot size requirements for ADUs; set certain maximum ADU dimensions; require replacement off-street parking when a “garage, carport or covered parking structure” is demolished or converted to construct the ADU.
- allowing for an ADU as well as a “junior” ADUs where certain access, setback and other criteria are met
- identifying opportunities for ADUs in multifamily buildings, including storage rooms, boiler rooms where building standards are met
- allowing the Department of Housing and Community Development to notify the Attorney General’s Office of any violations of these new provisions
SB 13 – ADU
SB 13 makes various changes to the existing ADU law, including:
- providing that when a garage, carport, or covered parking structure is demolished in conjunction with an ADU or converted into an ADU, a local agency shall not require that those off-street parking spaces be replaced
- reducing the application approval timeframe to 60 days and provides that if a local agency has not acted upon the submitted application within 60 days, the application shall be deemed approved
- prohibiting a local ordinance from requiring an applicant for an ADU to be an owner occupant
- providing that a local ADU ordinance that establishes minimum or maximum ADU size must allow an ADU of up to 850 square feet, or up to 1,000 square feet if the ADU provides more than one bedroom. Provides that any other minimum or maximum size imposed by a local ordinance must allow for an ADU of at least 800 square feet and 16 feet in height, with four-foot side and rear yard setbacks
- providing for a tiered schedule of impact fees based on the size of the ADU as follows:
- Zero fees for an ADU of less than 750 square feet
- 25% of impact fees for an ADU of 750 square feet or more
- requiring a local agency notice of a violation of any building standard to an ADU owner to include a statement of the owner’s right to request a delay in enforcement. Requires a local agency, upon request of the owner, to delay enforcement for five years if correction is not necessary to protect health and safety and the ADU was built before January 1, 2020 or the ADU was built prior to that date in a local jurisdiction that had a compliant ADU ordinance at that time. Sunsets this provision on January 1, 2025
AB 670 – ADU
AB 670 prohibits common interest developments from banning construction of an accessory dwelling unit or junior accessory dwelling unit but allows homeowner associations to impose reasonable restrictions on construction of ADUs or JADUs