BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1347


                                                                    Page  1





          GOVERNOR'S VETO


          AB  
          1347 (Chiu)


          As Enrolled  September 16, 2015


          2/3 vote


           -------------------------------------------------------------------- 
          |ASSEMBLY:  | 76-0 | (June 3,      |SENATE: | 40-0 | (September 10,  |
          |           |      |2015)          |        |      |2015)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 



           -------------------------------------------------------------------- 
          |ASSEMBLY:  | 77-0 | (September 11, |       |      |                 |
          |           |      |2015)           |       |      |                 |
          |           |      |                |       |      |                 |
          |           |      |                |       |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  A. & A.R.


          SUMMARY:  Establishes a claims resolution process for public  
          works contracts by which a general contractor may seek public  
          agency review of the claim.


          The Senate amendments: 








                                                                    AB 1347


                                                                    Page  2







          1)Exclude the following state entities from the requirements of  
            this bill:


             a)   Department of Water Resources;


             b)   Division of Boating and Waterways in the Department of  
               Parks and Recreation;


             c)   Department of Corrections and Rehabilitation;


             d)   Military Department;


             e)   Department of General Services; and


             f)   High-Speed Rail Authority.


          2)Define public work to mean the erection, construction,  
            alteration, repair, or improvement of any public structure,  
            building, road, or other public improvement of any kind.


          3)Require claims from contractors or responded to by public  
            entities to be sent by either certified or registered mail.


          4)Clarify what constitutes a claim.


          5)Change timeframe for public entities to respond to claims from  
            30 days to 45 days with a statement that identifies disputed  








                                                                    AB 1347


                                                                    Page  3





            and undisputed amounts.


          6)Allow parties to mutually agree to extend the time period to  
            respond to a claim.


          7)Extend the payment due for undisputed amounts from 30 days to  
            60 days after the public entity issues its statement.


          8)Extend from five days to 10 business days after the end of the  
            meet and confer conference for a public entity to provide a  
            claimant with a statement identifying disputed and undisputed  
            amounts.


          9)Extend the payment due for undisputed amounts from 30 days to  
            60 days after the public entity issues its statement.


          10)Specify how mediators are paid.


          11)State that, unless otherwise agreed to by both parties in  
            writing, the mediation specified by this bill will excuse the  
            obligation to mediate specified in another section.


          12)Specify that the failure of a public entity to respond to a  
            claim during specified periods shall not constitute an adverse  
            finding regarding the merit of the claim.


          13)Allow parties to mutually agree to waive, in writing,  
            mediation and proceed directly to a civil action or binding  
            arbitration.










                                                                    AB 1347


                                                                    Page  4





          14)Sunset the provisions of this bill on January 1, 2019.


          15)Make other clarifying and nonsubstantive changes.     


          EXISTING LAW:  


          1)Sets a resolution process for disputes between contractors and  
            state entities for public works contracts that relies  
            primarily on arbitration.


          2)Sets a separate resolution process for disputes between  
            contractors and local entities for public works contracts for  
            claims of $375,000 or less. 


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)Major costs potentially in the millions of dollars (General  
            Fund) to numerous state agencies engaged in significant public  
            works contracts for claims review and resolution, which will  
            result in additional administrative costs to review, evaluate,  
            and respond to claims within 45 days, and for mandated  
            mediation.  State agencies are currently not subject to any  
            statutory timelines for claims review and resolution, and  
            unresolved claims are subject to arbitration.  Caltrans, which  
            has over 600 ongoing contracts valued at over $10 billion,  
            expects it would need additional personnel at an annual cost  
            of approximately $11.5 million.  Other agencies that would be  
            significantly impacted include but are not limited to the  
            Departments of General Services, Department of Water  
            Resources, the Department of Corrections and Rehabilitation,  
            the University of California, and the California State  
            University. 








                                                                    AB 1347


                                                                    Page  5







          2)Potentially major state-reimbursable costs in the tens of  
            millions of dollars (General Fund) to local agencies engaged  
            in public works projects to the extent this new process  
            results in higher administrative costs, including any increase  
            in administrative costs incurred under the existing process  
            for resolution of claims under $375,000.


          3)Additional costs to state and local agencies for additional  
            interest costs accrued on late payments under the timelines  
            prescribed in this bill. 


          COMMENTS:  Senate amendments generally provide public entities  
          more time to respond to and pay claims.  Additionally, they  
          sunset the provisions of this bill on January 1, 2019, and make  
          other clarifying changes.


          GOVERNOR'S VETO MESSAGE:


          This bill creates, for three years, a new dispute resolution  
          process under which contractors could seek public agency review  
          of claims that arise during public works projects.


          Contractors who perform work for public agencies should be paid  
          promptly. Swift resolution of payment disputes is in the best  
          interest of contractors, workers, and the public agencies that  
          are charged with efficiently managing taxpayer funds.  I'm not  
          convinced, however, that the procedures contemplated by this  
          bill are an improvement over current law.


          I am committed, however, to ensuring timely payment for work  
          ordered by public agencies. In the interest of furthering that  








                                                                    AB 1347


                                                                    Page  6





          goal I am directing my departments to immediately work with  
          industry partners and the proponents of this bill on ways of  
          improving our prompt payment policies.




          Analysis Prepared by:                                             
                          Scott Herbstman / A. & A.R. / (916) 319-3600   
          FN: 0002513