BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2286


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          Date of Hearing:  April 5, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


          AB 2286  
          (Mullin) - As Introduced February 18, 2016


          SUBJECT:  Contractors:  home improvement salespersons.


          SUMMARY:  This bill increases the fee cap for the Contractors  
          State Licensing Board (CSLB) fee schedule, authorizes a fee for  
          making changes to the personnel associated with a license, and  
          provides the CSLB the authority to adopt regulations to provide  
          for expedited processing of license applications.


          EXISTING LAW:


          1)Provides for the licensure and regulation of contractors by  
            CSLB within the Department of Consumer Affairs (DCA) pursuant  
            to the Contractors' Law.  (Business and Professions Code (BPC)  
            §7000 et seq.)
          2)Requires all fees and civil penalties received under the  
            Contractors Law to be deposited into the Contractors License  
            Fund, which is continuously appropriated. (BPC §7135)


          3)Allows the CSLB to set fees by regulation, not to exceed the  
            statutory limitations on those fees for:  (BPC §7137)










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             a)   An application for an original license in a single  
               classification and any additional classifications;
             b)   Replacing a responsible party, as specified;


             c)   Scheduling or rescheduling an examination, as specified;


             d)   Renewal of an active or inactive license or  
               registration;


             e)   Delinquent renewal applications;


             f)   An application for an asbestos certification  
               examination, hazardous substance removal or remedial action  
               certification examination; and,


             g)   Enforcing provisions in the Labor Code related to  
               electrician certification.


          4)Defines a "home improvement salesperson" (HIS) as a person  
            employed by a home improvement contractor licensed under the  
            Contractors' Law to solicit, sell, negotiate, or execute  
            contracts for home improvements, for the sale, installation or  
            furnishing of home improvement goods or services, or of  
            swimming pools, spas, or hot tubs, except as specified.  (BPC  
            §7152(a))
          5)Provides that a person who wishes to practice as a HIS must  
            register with the CSLB as a HIS unless exempted.  (BPC  
            §7152(b))


          6)Provides that an application for renewal of registration is  
            delinquent if the application is not postmarked by the date on  
            which the registration would otherwise expire.  (BPC  








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            §7153.3(b))


          7)Provides that a registration may be renewed at any time within  
            three years after its expiration, as specified, and the  
            registrant must pay the renewal fee as well as additionally  
            pay a delinquent renewal penalty in the amount of twenty-five  
            dollars ($25).  (BPC §7153.3(b)) 


          8)The CSLB is statutorily required to maintain a balance that  
            does not exceed six months in reserve of its annual authorized  
            expenditures.  (BPC §7138.1)


          9)Requires a board within the DCA, on or before July 1, 2016, to  
            expedite and assist the initial licensure process for an  
            applicant who supplies satisfactory evidence that he or she  
            has served as an active duty member of the Armed Forces of the  
            United States (AFUS) and was honorably discharged.  (BPC  
            §115.4)


          10)Provides a similar expedited licensure process for an  
            applicant who holds a current license in another state in the  
            same profession or vocation for which he or she seeks  
            licensure and has a specified relationship with such an active  
            duty member who is assigned to a duty station in this state  
            under official orders.  (BPC §115.5)


          11)Provides that experience obtained in the Armed Services of  
            the United States should be permitted to apply to the  
            employment needs of the state.  Provides for methods of  
            evaluating education, training, and experience obtained in the  
            armed services, if applicable to the requirements of the  
            profession regulated.  (BPC §35)










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          THIS BILL:


          12)Increases the maximum fees the CSLB may set by regulation  
            for:


             a)   An application for an original license in a single  
               classification from $300 to $360; 
             b)   An application for each additional classification, as  
               specified, from $75 to $300;


             c)   The application fee to replace a responsible managing  
               officer, responsible managing manager, responsible managing  
               member, or responsible managing employee, from $75 to $300.


             d)   The initial license fee for an active and renewal for an  
               inactive license from $180 to $220;


             e)   The renewal of an active license from $360 to $430; 


             f)   The registration of a HIS from $75 to $90; 


             g)   The renewal of a HIS registration from $75 to $90; 


             h)   The application for an asbestos certification  
               examination from $75 to $90;


             i)   The application for a hazardous substance removal or  
               remedial action certification examination from $75 to $90;










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             j)   The delinquency penalty for a HIS registration renewal  
               application that is not postmarked or received by the  
               registration's expiration from $25 to 50% of the renewal  
               fee.


          13)Specifies that the application fee for each additional  
            classification applied for in connection with an original  
            license to be limited to no more than $75.
          14)Specifies that the application fee to add personnel, other  
            than a qualifying individual, to an existing license is to be  
            limited to no more than $150.


          15)Requires the CSLB to establish by regulation, an expedited  
            process for applications for registration as a HIS for  
            applicants; authorizes the CSLB to establish by regulation the  
            criteria for approval of this expedited process.


          16)Exempts from these regulations an application that is  
            required to be expedited pursuant to other law, including, but  
            not limited to, the applications of applicants who have, among  
            other things, served as an active duty member of AFUS or have  
            a specified relationship with such an active duty member.


          FISCAL EFFECT:  Unknown. This bill is keyed fiscal by the  
          Legislative Counsel. 


          COMMENTS:


          Purpose.  This bill increases the fee cap for the CSLB fee  
          schedule, authorizes a fee for making changes to the personnel  
          associated with a license, and provides authority to adopt  
          regulations to provide for expedited processing of license  
          applications.








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          This bill is sponsored by the  CSLB.  According to the author,  
          "this proposal raises the statutory cap on CSLB's authorized  
          fees.  CSLB will need to adopt regulations to set actual fee  
          amounts, and will continue to work with industry and interested  
          parties through that process.  If CSLB is able to obtain  
          approval for a fee increase, [it] will be able to continuing  
          working to provide online license application and renewal  
          services, which will benefit all licensees.  If CSLB is not able  
          to implement a fee increase, [it] will have to reduce costs in  
          Enforcement. These cuts will begin with cuts to [its] proactive  
          enforcement program. Certain positions will be held vacant which  
          will lead to backlogs in license application and complaint  
          handling processing."


          Background.  The CSLB was established in 1929 by the Legislature  
          as the Contractors License Bureau, under the Department of  
          Professional and Vocational Standards.  It was designed to  
          regulate the state's construction industry and protect the  
          public from irresponsible contractors. Now classified as a board  
          within the DCA, the CSLB operates with a 15-member board and  
          upholds its mission to protect consumers by regulating the  
          construction industry through licensure, enforcement, and  
          education.  The CSLB regulates contractors in 43 license  
          classifications and two certifications, which amounts to  
          approximately 285,000 licensees.


          The CSLB receives no General Fund support, relying solely on  
          fees set by statute and collected from contractors and  
          applicants.  Renewal fees constitute the main source of revenue,  
          and are collected every two years from contractors with active  
          licenses.  Active contractor licenses expire two years from the  
          last day of the month in which the license was issued.  Inactive  
          licenses are valid for four years.










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          When a board or bureau under the DCA requests a fee increase,  
          the Assembly Committee on Business and Professions (Committee)  
          requests that the board or bureau complete its "Fee  
          Questionnaire." The information provided on this questionnaire  
          is the result of the board or bureau working with the DCA's  
          Budget Office throughout the year. The Budget Office helps to  
          prepare expenditure projections and fund conditions, as well as  
          monitors these projections to manage and watch for imbalances.  
          Expenditures that are projected to exceed revenues do not always  
          indicate that a program is in need of a fee increase. The DCA  
          works closely with each program that appears to have potential  
          reserve shortages to understand the potential implications.


          Boards and bureaus have the option to have their fees audited by  
          the DCA in addition to working with the Budget Office throughout  
          the year. When a program faces a potential fund issue, the DCA  
          helps evaluate the need for a fee increase based on current  
          expenditure trends, and guides them through the available  
          options and the fee audit process. The Budget Office also  
          provides the necessary information to the fee auditors to help  
          ensure there is a complete, effective, and defensible fee  
          analysis.


          According to the CSLB and its responses to the Committee's  
          questionnaire, the CSLB will face a deficit of approximately $6  
          million by Fiscal Year (FY) 2018-19.  The most significant  
          contribution to this deficit is increased costs in personal  
          services, payment, which includes salary, benefits, and  
          retirements, into the DCA Pro Rata, and Enforcement.


          In FY 2012-13, the CSLB spent approximately $54 million, and in  
          the current budget year is expected to spend approximately $61  
          million.Of that increased spending, $8.5 million, nearly half  
          went to personal services. During that time period, the CLSB  
          added 4 positions, which were approved through the annual budget  
          process. 








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          The amount the CSLB pays to the DCA recently increased by $2  
          million.  A significant portion of that $2 million increase is  
          due to DCA's new BreEZe system-  a computer upgrade system that  
          centralizes licensing and enforcement. While the CSLB was  
          previously scheduled to be included in Release 3 of the BreEZe  
          system, it is now not currently scheduled to be included.  DCA  
          intends to conduct a cost-benefit analysis for Release 3 boards  
          after Release 2 is completed in 2016in response to a request for  
          ongoing cost benefit analyses for the project in a 2015 report  
          by the California State Auditor.


          Despite the lack of a plan moving forward, Release 3 boards have  
          already paid more than $4 million.  These boards are projected  
          to pay almost $14 million through Fiscal Year (FY) 2016-17.   
          These same regulatory programs, including the CSLB, could be  
          seeking fee increases in the next few fiscal years.


          The boards have no control over the pro rata charges regardless  
          of the quality or quantity of services provided by the DCA.   
          Despite this, the executive officers are held responsible for  
          managing their budgets as well as spearheading requests for fee  
          increases.  The DCA's pro rata calculations are based on  
          position authority rather than the actual number of employees,  
          which may ultimately inflate pro rata charges.  Seventy-one  
          percent of the expenditures to the DCA is for administration  
          provided by the DCA, while another 22% of the expenditures to  
          the DCA goes toward BreEZe.  The remaining seven percent paid to  
          the DCA is for services that the CSLB also provides in-house,  
          i.e. Division of Investigation, Public Affairs Office and  
          Consumer and Communications Relations.


          The CSLB also had increased enforcement costs of about $2  
          million, the majority of which were costs for the use of  
          services by the Attorney's General (AG)'s Office and the Office  








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          of Administrative Hearings.  This increase is in part due to  
          reporting requirements of the AG's office as a result of SB 467  
          (Hill), Chapter 656, Statutes of 2015. This bill addressed  
          extensions of some of DCA's boards and additionally required the  
          AG's office report on specific statistical information regarding  
          accusation matters referred to the AG for each constituent  
          entity within the DCA represented by the Licensing Section and  
          Health Quality Enforcement Section of the Office of the AG.


           ----------------------------------------------------------------- 
          |                Expenditures by Program Component                |
          |                    (in thousands of dollars)                    |
           ----------------------------------------------------------------- 
          |---------------------+---------------------+---------------------|
          |                     |     FY 2013-14      |     FY 2014-15      |
          |---------------------+---------------------+---------------------|
          |Enforcement          |       $26,840       |       $28,662       |
          |---------------------+---------------------+---------------------|
          |Licensing/Testing    |       $10,725       |       11,154        |
          |---------------------+---------------------+---------------------|
          |Administration*      |       $14,276       |       15,092        |
          |---------------------+---------------------+---------------------|
          |DCA Pro Rata         |       $6,028        |       $5,865        |
          |---------------------+---------------------+---------------------|
          |Total                |       $57,869       |$60,773              |
           ----------------------------------------------------------------- 
          *Administration includes costs for executive staff, information  
          technology, public affairs, board, administrative support, and  
          fiscal services.


          The CSLB faces potential backlogs in handling applications for  
          personnel changes, primarily due to criminal background checks.   
          The additional level of staff involvement for these applications  
          is burdensome.  As such, the CSLB proposes to add a fee for  
          processing these applications, but currently has no statutory  
          authority to charge the fee.









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          Fee Increase History (last 10 years).  The last statutory  
          increase for all fees was enacted with SB 1953 (Figueroa)  
          Chapter 744, Statutes of 2002.  The CSLB promulgated regulations  
          to implement this fee increase in 2011.


          SB 392 (Florez), Chapter 698, Statutes of 2010)authorized  
          licensure for Limited Liability Companies (LLCs), and made  
          related changes to BPC §7137 to include personnel associated  
          with a LLC, but did not add or increase any fees.


          Veteran's Assistance Program.  SB 1226 (Correa), Chapter 657,  
          Statutes of 2015 required, beginning July 1, 2016, boards under  
          the DCA to expedite the initial licensure process for veterans,  
          and requires boards and bureaus to accept military experience  
          towards licensure.  This bill sought to assist veterans  
          transitioning into civilian life by reducing licensure delays  
          and making it easier to find work by giving them credit for the  
          skills developed during their time in the military.


          According to a letter from the CSLB to the Chairs of the Senate  
          Committee on Business, Professions and Economic Development and  
          the Assembly Committee on Business and Professions regarding the  
          most recent Sunset Review in 2014, the CSLB offers a Veterans  
          Application Assistance Program for troops transitioning from  
          military service to civilian employment.  In many cases,  
          veterans possess transferable skills that help meet minimum  
          experience and training requirements for licensure as a state  
          contractor.  This program offers priority services to veteran  
          applicants by evaluating transferable military experience and  
          training, as well as education."


          Additionally, veterans receive automatic application processing  
          priority, direct telephone and email contact with CSLB staff,  
          and verification of educational credit and military  








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          experience/training. Spouses and domestic partners of those on  
          active duty in the AFUS also are provided with expedited  
          licensure by CSLB pursuant to BPC §115.5.


          Despite the existence of the evaluation program, the CSLB  
          currently does not have a formal process to expedite  
          applications.  The CSLB receives numerous requests for this  
          service.


          ARGUMENT IN SUPPORT: 


          According to the  CSLB  , "CSLB needs a statutory fee increase in  
          order to continue to fulfill its primary mission of consumer  
          protection. CSLB is a special fund entity, funded entirely by  
          the fees paid by its 285,000 licensees. If CSLB is not able to  
          implement a fee increase, we will have to reduce costs in  
          Enforcement, beginning with cuts to our proactive enforcement,  
          and in holding positions vacant, which will lead to backlogs in  
          license application processing and in complaint handling."


          POLICY ISSUE FOR CONSIDERATION:


          The CSLB completed this Committee's "Fee Questionnaire," but did  
          not conduct a fee audit with the DCA. It is unclear if the DCA's  
          fee audit would show a difference in need for the CSLB to raise  
          its fees to the amounts delineated. 


          REGISTERED SUPPORT:  


          Contractors State License Board (sponsor)










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          REGISTERED OPPOSITION:  
          None on file.




          Analysis Prepared by:Gabby Nepomuceno / B. & P. / (916) 319-3301