BILL ANALYSIS Ķ SENATE JUDICIARY COMMITTEE Senator Hannah-Beth Jackson, Chair 2015-2016 Regular Session SB 885 (Wolk) Version: April 18, 2016 Hearing Date: May 3, 2016 Fiscal: No Urgency: No TH SUBJECT Construction Contracts: Indemnity DESCRIPTION This bill provides that a design professional, as defined, shall only have the duty to defend himself or herself from claims and lawsuits that arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of the design professional, as specified. This bill provides that a design professional shall have no duty to defend claims and lawsuits against other persons or entities, and that a design professional shall be obligated to reimburse reasonable defense costs incurred by other persons or entities, limited to the design professional's degree of fault, as determined by a court, arbitration, or negotiated settlement. This bill would apply to contracts entered into on or after January 1, 2017. BACKGROUND During the past several years, the Legislature has enacted a number of measures intended to address the use of certain types of risk shifting in indemnity agreements, particularly those that appear in contracts for residential construction and public works. In 2005, AB 758 (Calderon, Ch. 394, Stats. 2005) was enacted to address alleged abuses of "Type I" indemnification clauses in contracts imposed on subcontractors by builders. These clauses typically required the subcontractor to assume liability for the builder's negligence and misconduct, beyond what the SB 885 (Wolk) Page 2 of ? subcontractor would be obligated to pay under tort law in the absence of the Type I agreement. Under AB 758, all provisions contained in residential construction contracts entered into after January 1, 2006, that purport to indemnify the builder by a subcontractor against liability for claims of construction defects are unenforceable to the extent the claims pertain to, or relate to the negligence of the builder or his or her agents. These provisions of existing law may not be waived or modified by contractual agreement, act, or omission of the parties. The following year, the Legislature built upon AB 758 by enacting AB 573 (Wolk, Ch. 455, Stats. 2006) in response to concerns that local public agencies were requiring broad indemnity agreements in contracts with design professionals. Those agreements were generally requiring the design professional to hold the public agency harmless against the conduct of the public agency or other third parties in a public works project. AB 573 provided that, for contracts entered into on or after January 1, 2007, with a public agency for design professional services, all provisions that purport to indemnify the public agency against liability for claims against the public agency, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. That same year, the Legislature enacted SB 138 (Calderon, Ch. 32, Stats. 2007), which provided that in residential construction contracts, provisions that purported to require subcontractors to indemnify a general contractor or contractor not affiliated with the builder would be unenforceable to the extent they related to the negligence of the non-affiliated general contractor or contractor. SB 138 sought to end a practice in residential construction contracting where existing laws limiting risk shifting agreements were being circumvented through hiring an unaffiliated general contractor or contractor to act in the builder's stead in contracting with subcontractors. Subsequently, AB 2738 (Jones, Ch. 467, Stats. 2008) was enacted as a follow up to AB 758 due to concerns that builders had been circumventing the intent of AB 758 by requiring subcontractors to pay for the builder's defense costs that had no relation to the contractor's work. AB 2738, among other things, provided that a subcontractor would have no defense or indemnity obligation to a builder or general contractor for a construction SB 885 (Wolk) Page 3 of ? defect claim unless, and until, the builder or general contractor provides a written tender of the claim to the subcontractor which includes all of the information provided to the builder or general contractor by the claimant or claimants relating to claims caused by that subcontractor's scope of work. Finally, SB 972 (Wolk, Ch. 510, Stats. 2010) was enacted to address issues left unresolved by prior legislation with respect to a design professional's exposure to liability for defense costs in indemnity agreements contained in contracts with public agencies. SB 972 provided, with respect to contracts and solicitation documents between design professionals and public agencies, that all provisions which purport to require the design professional to defend the public agency under an indemnity agreement, including the duty and the cost to defend, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. This bill would extend the protections for design professionals that were enacted in SB 972. Specifically, the bill would state that a design professional shall only have the duty to defend himself or herself from claims and lawsuits that arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of the design professional, commencing with contracts entered into on or after January 1, 2017, whether with a public agency or with another party. The bill would state that design professionals have no duty to defend claims and lawsuits against other persons or entities, and that design professionals are obligated to reimburse reasonable defense costs incurred by other persons or entities, limited to the design professional's degree of fault, as determined by a court, arbitration, or negotiated settlement. This bill would not apply to contracts where a project-specific general liability policy insures all project participants for general liability exposure on a primary basis, or to design professionals who are party to a written design-build joint venture agreement. CHANGES TO EXISTING LAW Existing law provides that specified rules are to be applied in the interpretation of a contract of indemnity, unless a contrary intention appears. Pursuant to these rules, an indemnity against claims, or demands, or liability, embraces the costs of SB 885 (Wolk) Page 4 of ? defense against such claims, demands, or liability. (Civ. Code Sec. 2778.) Existing law provides that the person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the latter in respect to the matters embraced by the indemnity. However, the person indemnified has the right to conduct those defenses, if he or she chooses to do so. (Civ. Code Sec. 2778.) Existing case law states that, unless otherwise provided, a duty to defend under the above provisions arises out of an indemnity obligation as soon as the litigation commences, and regardless of whether the indemnitor (the person indemnifying) is ultimately found negligent. (Crawford v. Weather Shield (2008) 44 Cal.4th 541; see also UDC-Universal Development, L.P. v. CH2M Hill (2010) 181 Cal.App.4th 10.) Existing law states, for all contracts, and amendments thereto, entered into on or after January 1, 2007, with a public agency for design professional services, all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any such contract, and amendments thereto, that purport to indemnify, including the duty and the cost to defend, the public agency by a design professional against liability for claims against the public agency, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. (Civ. Code Sec. 2782.8.) Existing law specifies, for purposes of the above provision, that "design professional" includes all of the following: an individual licensed as an architect, and a business entity offering architectural services, as specified; an individual licensed as a landscape architect, and a business entity offering landscape architectural services, as specified; an individual registered as a professional engineer, and a business entity offering professional engineering services as specified; and an individual licensed as a professional land surveyor, and a business entity offering professional land surveying services, as specified. This bill states that commencing with contracts entered into on SB 885 (Wolk) Page 5 of ? or after January 1, 2017, a design professional shall only have the duty to defend himself or herself from claims and lawsuits that arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of the design professional. This bill states that a design professional shall have no duty to defend claims and lawsuits against other persons or entities. This bill states that a design professional shall be obligated to reimburse reasonable defense costs incurred by other persons or entities, limited to the design professional's degree of fault, as determined by a court, arbitration, or negotiated settlement. This bill specifies that its provisions do not apply to either of the following: a claim, lawsuit, or arbitration demand where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis; or a design professional who is a party to a written design-build joint venture agreement. This bill specifies that its provisions shall not be waived or modified by contract, that contract provisions in violation these provisions are void and unenforceable, and that the duty of a design professional to defend is limited as provided in the above provisions. This bill makes related findings and declarations. COMMENT 1.Stated need for the bill According to the author: Senate Bill 885 prohibits contracts that require state licensed design professionals, including engineers, land surveyors, architects, and landscape architects, to defend claims made against other persons or entities involved in construction projects. A design professional's Errors & Omissions professional liability insurance does not provide SB 885 (Wolk) Page 6 of ? coverage for the defense of claims against other persons and entities involved in construction projects. It only covers claims related to the negligent acts of the design professional. A first-dollar expense obligation essentially converts the design professional's firm into the functional equivalent of an unlicensed insurance company. It is in the public's best interest for all persons and entities in projects to defend themselves against claims of negligence or error. Design professionals will pay their proportional share of defense costs. However, when insurance coverage is not available, it is unfair to obligate them to defend lawsuits against other persons or entities. This bill: Maintains the current requirement that design professionals have the duty to defend claims that are the result of their misconduct. Specifies that design professionals do not have an immediate and uninsurable duty to defend claims against other persons or entities with whom they contract. Requires that design professionals reimburse reasonable defense costs incurred by other persons or entities with whom they contract, tied directly to the design professional's degree of fault. 1.Crawford v. Weather Shield In Crawford v. Weather Shield (2008) 44 Cal.4th 541, the California Supreme Court considered whether, by their particular terms, the provisions of a pre-2006 residential construction subcontract obliged a subcontractor to defend its indemnitee, the developer-builder of the project, in lawsuits brought against both parties, even though (1) a jury ultimately found that the subcontractor was not negligent, and (2) the parties had accepted an interpretation of the subcontract that gave the builder no right of indemnity unless the subcontractor was negligent. In the contract at issue, Weather Shield (the subcontractor) promised to (1) "indemnify and save [contractor] harmless against all claims for damages ? losses, ? and/or theft growing out of the execution of [Weather Shield's] work," and (2) "at [its] own expense to defend any suit or action brought against [the contractor] founded upon the claim of such damage[,] loss, ? or theft." (Id. at 547-548.) The Court held that the terms of the agreement, even if strictly SB 885 (Wolk) Page 7 of ? construed in Weather Shield's favor, obligated Weather Shield to defend, from the outset, any suit against the general contractor insofar that the suit was founded upon claims alleging damage or loss arising from the Weather Shield's negligence. The Court interpreted Civil Code Section 2778(d), as placing in every indemnity contract, unless otherwise provided, a separate duty to assume the indemnitee's defense if tendered against all claims embraced by the indemnity. The Court further held that this duty does not depend on the outcome of the litigation, and the subcontractor thus had a contractual duty to defend the suit even thought it was later found not to be negligent. In reaching this decision, the Court noted that, in noninsurance contexts, the indemnitee often has superior bargaining power, which it may utilize to unfairly shift a disproportionate share of the financial consequences of its own legal fault onto someone else. (Id. at 552.) The Court further noted that these policy reasons have been the basis for statutory limits on the enforceability of noninsurance indemnity agreements in the construction industry. (Id.) However, focusing on the specific language of the contract, the Court found that Weather Shield had a contractual obligation to defend claims alleging damage or loss arising from Weather Shield's negligent role in the residential project. Two years later, the California Court of Appeal, Sixth Appellate District, applied the Crawford holding in UDC-Universal Development, L.P. v. CH2M Hill (2010) 181 Cal.App.4th 10. The court held that, pursuant to the specific terms of the contract at issue, a design professional had a duty to defend a developer of a condominium project independent from the duty to indemnify, even though a jury ultimately found that the design professional had not been negligent. The court further held that the duty to defend arose when the homeowners association alleged harm resulting from deficient work that was within the scope of the services for which the developer had retained the consultant. The court found that the clause under scrutiny was comparable to the one in Crawford in that it was broadly worded to apply to claims connected in any way to any negligent act or omission by the design professional. (Id. at 21.) The court thus rejected the design professional's assertion that the underlying plaintiff must have alleged negligence by the design professional in order for the defense obligation. The court noted that such a requirement would contravene Civil Code Section 2778 and the Supreme Court's admonition that a duty to SB 885 (Wolk) Page 8 of ? defend arises out of an indemnity obligation as soon as litigation commences and regardless of whether the indemnitor is ultimately found negligent. (Id. at 21-22.) 2.Response to Crawford and subsequent decisions The Legislature enacted SB 972 (Wolk, Ch. 510, Stats. 2010) largely in response to the Crawford ruling that a duty to defend is a separate obligation that arises out of an indemnity agreement which commences at the outset of litigation, irrespective of whether the indemnitor is found negligent. SB 972 provided, with respect to contracts and solicitation documents between design professionals and public agencies, that all provisions which purport to require the design professional to defend the public agency under an indemnity agreement, including the duty and the cost to defend, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. Despite the enactment of SB 972, a broad range of stakeholders have represented that contracts entered into with design professionals continue to include terms that would trigger an immediate duty to defend claims against other parties, particularly in complex, multi-party actions. According to the sponsor, American Council of Engineering Companies, California (ACEC): [These obligations] are particularly risky to the public and onerous because design professionals are distinguishable from contractors in two ways: No Insurance: The insurance products that (1) provide coverage to a contractor who contractually agrees to defend its client and (2) allows a contractor to name its client as an additional insured do not exist for design professionals. A designer's professional liability policy does not cover an agreement to defend a third party and does not afford additional insured status to a design professional's client. Personal liability: Licensed design professionals are required to seal construction drawings by stamping them, which creates personal liability for the design professional, regardless of the corporate or business entity formation of the firm. SB 885 (Wolk) Page 9 of ? ACEC asserts that "[r]equiring a design professional to provide an immediate defense to a third party creates an uninsured exposure that places the public at risk, [the] individual's personal assets at risk, [and] sets a false expectation for a public agency or private developer that it will be defended in a lawsuit." This bill responds to those concerns by explicitly stating that a design professional shall have no duty to defend claims and lawsuits against other persons or entities, and that a design professional shall only be obligated to reimburse reasonable defense costs incurred by other persons or entities, limited to the design professional's degree of fault, as determined by a court, arbitration, or negotiated settlement. The bill would continue to require a design professional to defend himself or herself from claims and lawsuits that arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of the design professional. 1.Shifting defense cost burdens This bill would potentially allow design professionals to avoid defense costs in certain types of lawsuits involving mixed claims against multiple parties. By its terms, the bill would likely exclude design professionals from participating in the defense of lawsuits against "other persons or entities," even if such a suit involved claims relating to the design professional's work or conduct. For such claims, the bill would instead require a design professional to reimburse reasonable defense costs incurred by those other persons or entities, "limited to the design professional's degree of fault, as determined by a court, arbitration, or negotiated settlement." Design professionals, unlike other litigants, would apparently have no duty to contribute toward defense costs while such a suit is pending, and no duty to reimburse would apparently attach if the conclusion of the suit resulted in a defense verdict. Generally, in the United States, the "American rule" is that parties are to bear their own costs in civil litigation. Indemnity agreements entered into by parties, such as those affected by this bill, shift the responsibility of a party to bear their litigation costs in some fashion. As discussed above in the Background, the Legislature has considered several bills in the last few years addressing various abuses that parties in SB 885 (Wolk) Page 10 of ? the construction industry have engaged in with regard to indemnity agreements. According to the California Special Districts Association (CSDA), whose views are representative of a large segment of opposition stakeholders, this bill would unfairly shift the costs of defending lawsuits involving design professionals to public sector agencies. CSDA writes: SB 885 forces taxpayers and ratepayers to front the legal costs for the private sector, even for claims where the design professional is ultimately deemed to be 100 percent at fault. Requiring the public agency to defend the actions of the design professional creates a "reimbursement only" process that results in the public agency defending the actions of the design professional and shouldering upfront all of the associated costs. The public agency would then have to seek reimbursement from the design professional, to the extent the design professional is found negligent, once a settlement is reached or the claim is fully litigated and a court or arbitrator renders a final decision. This process not only requires a public entity to front the costs for a private entity, it also creates conflict within the public-private partnership, effectually eliminating the incentive to work together towards a swift settlement. SB 885 stipulates a "one-size fits all" solution to contractual negotiations by establishing a reimbursement-only system, with public entities paying defense costs until a final determination of degree of fault is determined by a court, arbitration or settlement. The bill specifies that these provisions may not be waived or modified by contract. This precludes public entities and their design professional partners from negotiating other contractual arrangements that may better suit the particulars of a project. CSDA also states that "defense costs are not necessarily reflective of an entity's finally determined liability." It is not unusual for a party to successfully defend against a lawsuit, yet bear responsibility for paying the costs of its defense. CSDA states that "[a]s such, it does not make sense to limit the design professional's defense obligation strictly to the percentage of determined liability in a judicial system without that direct correlation." To more fairly apportion defense costs among design professionals and other parties in complex, multi-party SB 885 (Wolk) Page 11 of ? litigation, while simultaneously ensuring that design professionals are not held financially responsible for the full cost of defending such suits, the Committee may wish to consider the following set of amendments. These amendments would nullify clauses in indemnity agreements that require design professionals to defend claims against other parties, but would still allow other parties to bring design professionals into lawsuits involving claims related to their performance through a cross-complaint or other procedural mechanism to expand the scope of a suit. By eliminating these clauses in indemnity agreements, the amendments would also require parties to bear their own costs in litigation in-line with the "American rule." Suggested Amendments : On page 6, strike lines 31 through 40, on page 7, strike lines 1 through 2, and insert: (j) (1) Commencing with contracts entered into on or after January 1, 2017, a design professional, as defined in paragraph (2) of subdivision (c) of Section 2782.8, shall only have the duty to defend himself or herself from claims that arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of the design professional. All provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any such contract that purport to require a design professional to defend claims against another party shall be unenforceable. (2) Paragraph (1) does not prohibit a design professional from mutually agreeing with another party to the timing or immediacy of a defense and provisions for reimbursement of defense fees and costs, so long as that agreement does not waive or modify the provisions of paragraph (1). (3) Paragraph (1) shall not be construed to affect any duty of a design professional to pay a reasonable allocated share of the defense fees and costs with respect to claims and lawsuits alleging negligence, recklessness, or willful misconduct of the design professional on an ongoing basis during their pendency, including any amounts reallocated upon final resolution of a claim or lawsuit, either by settlement or judgment. Support : Adobe Associates, Inc.; AECOM; Alan Burr, Murphy Burr Curry Inc.; Alex Kiam, National Engineering & Consulting, Inc.; Allied Geotechnical Engineers, Inc.; AllWest Environmental, SB 885 (Wolk) Page 12 of ? Inc.; Alta Vista; AMA Inc.; American Institute of Architects, California Council; American Society of Landscape Architects; American Society of Landscape Architects, San Diego Chapter; Anderson Penna; Ashley & Vance Engineering, Inc.; Associated Transportation Engineers; Atkins North America, Inc.; ATM Engineering; Avila and Associates; Axiom Engineers; Baker-Williams Engineering Group; Bedrock Engineering; Benner and Caprenter, Inc.; BergerABAM; Bhatia Associates, Inc.; Biggs Cardosa Associates, Inc.; Blackburn Consulting; Blair, Church, & Flynn Consulting Engineers; BKF Engineers; Brian Foust Architecture; Buehler & Buehler Structural Engineers, Inc.; Burns McDonnell; Calhoun + Associates, Inc.; Bryant Surveys, Inc.; California Department of Insurance; California Land Surveyors Association; California Professional Association of Specialty Contractors; California Society of Professional Engineers; Callas Architects; CALTROP; CASC Engineering & Consulting; CBC Geospatial Consulting, Inc.; CDM Smith, Inc.; CEI Engineering Associates, Inc.; Cesar A. Sifuentes, P.E.; CHJ Consultants; CH2MHILL; Charles M Salter & Associates; Chaudhary & Associates, Inc.; Christensen Engineering & Surveying; Christian Wheeler Engineering; Civil Design Consultants, Inc.; Clark & Green Associates; Clark, Richardson and Biskup Consulting Engineers, Inc.; Cleary Consultants, Inc.; CNC Engineering; Coast Surveying, Inc.; Coleman Engineering; Converse Consultants; Cornerstone Earth Group; Cornerstone Structural Engineering Group, Inc.; Covello Group; CPC Architects; Craig Hiett, Advanced Structural Design, Inc.; Creegan & D'Angelo Engineers; CSW/Stuber-Stroeh Engineering Group, Inc.; CTS Inc.; Cullen-Sherry & Associates, Inc.; CYS Structural Engineers; Dahlin Group; Dale Hendsbee, Mesiti-Miller Engineering Inc.; Dane Hansen, BWE Structural Engineering; David Cocke, Structural Focus; David H. Lee & Associates, Inc.; Dealy, Renton & Associates; Degenkolb Engineers; DES Architects + Engineers, Inc.; Design Group; DGA Planning Architecture Interiors; Diaz, Yourman & Associates; DMHA Architecture & Interior Design; Drake Haglan and Associates; D. Wooley & Associates; Earth Systems, Inc.; EFS Engineering, Inc.; EHDD; ENGEO Incorporated; ESA Associates; Evergreen Landscape Architects, Inc.; FOG Studios; Fougeron Architecture; Francis Lo, Miyamoto International; FTF Engineering, Inc.; Gast Architects; GEI Consultants; Gekko Engineering, Inc.; GEOCON Incorporated; Geoprofessional Business Association; Geotechnical Professionals, Inc.; Gerard M. Nieblas, S.E.; Ghirardelli Associates; Gouveia Engineering, Inc.; Gregory P. Luth & Associates; Group Delta Consultants, Inc.; Guida Surveying, SB 885 (Wolk) Page 13 of ? Inc.; Haney Station, Inc.; Harris & Associates; Harris & Sloan Consulting Engineers, Inc.; Harris Design; Hatch Mott MacDonald; HDR; Henry Liang-AECOM; Hermann Design Group; Heston Chau Architect; HMH Engineers; HNTB; Hogan Land Services; Hope-Amundson Structural Engineers; Huitt-Zollars; Huntsman Architectural Group; Infrastructure Engineering Corporation; Inland Foundation Engineering, Inc.; Insight Structural Engineers; Insurance Office of America; Island Architects; Jack Brewer, Advanced Structural Design, Inc.; James A. Adams, S.E.; James Hill Architect; Jason Horwedel; Jeff Sultan, P.E.; John Corless, Nichols Melburg & Rossetto; Joseph P. Paoluccio; Joseph C. Truxaw & Associates, Inc.; Josephson Werdowatz & Associates; Kennedy and Associates; Kennedy/Jenks Consults; Kenneth Luttrell, CYS Structural Engineers Inc.; Kier & Wright, Civil Engineers & Surveyors, Inc.; Kimley Horn; Kister, Savio & Rei, Inc.; Kjeldsen, Sinnock & Neudeck, Inc.; KKCS World, Inc.; Kleinfelder; KMA Architecture; KNA Consulting Engineers, Inc.; KOA Corporation; Konet Architecture; KPFF Consulting Engineers, Inc.; KSA Design Studio; L & L Bridges; L.A. Paul & Associates; Land Concern; Lane Engineers, Inc.; Laugenour and Meikle; LCC Engineering & Survey, Inc.; Lee Engelmeier, Smith Structural Group, LLP; Lee & Pierce, Inc.; Leighton Consulting, Inc.; Leppert Engineering Corporation; Lescure Engineers, Inc.; Lexington Insurance Company; Liftech Consultants, Inc.; Lopez Engineering, Inc.; Lynn Capouya, Inc.; Marguerite Bello, S.E.; Mark Bozzo, Advanced Structural Design, Inc.; Mark Davis Design; Mark English Architects; Martin & Libby Structural Engineers; Matthew Knusten, Peoples Associates Structural Engineers; Madrone Engineering; Max Moheb, S.E.; Melineh Zamorrodian, Structural Focus; Melissa Sanchez, Structural Focus; Mesiti-Miller Engineering, Inc.; Michael Baker International; Michael Parolini, Smith Structural Group, LLP; Michael Smith, Smith Structural Group, LLP; Michael Woods, P.E.; Mike Kaszpurenko, S.E.; MK Engineering Group, Inc.; MKN & Associates; MNS Engineers, Inc.; Moffat & Nichol; Monterey Bay Engineers, Inc.; Monterey Peninsula Chamber of Commerce; Morton & Pitalo, Inc.; Murtaugh, Meyer, Nelson & Treglia, LLP; Nasland Engineering; Neri Landscape Architecture; Ninyo & Moore; Northwest Hydraulic Consultants, Inc.; NV5; O'Day Consultants, Inc.; OLMM Consulting Engineers; Option One Consulting Engineers; Parikh; Patel Burica & Associates Inc.; Peter Carlson, Miyamoto International; Philip Overbaugh, Architect; Praxis Consolidated International, Inc.; Precision Civil Engineering, Inc.; Provost & Pritchard Consulting Group; Psomas; PZSE, Inc.; Quad Knopf, Inc.; Quattrocchi Kwak Architects; SB 885 (Wolk) Page 14 of ? Quincy Engineering; R2H Engineering, Inc.; Ralph Stone and Company, Inc.; Randall Lamb; Ratcliff; Raymond Fox & Associates; RED Architectural Group; RFD; Rick Engineering Company; Riggs Architecture; RJM Design Group; RMW Architecture & Interiors; Robert Dack, Advanced Structural Design, Inc.; Robert Gravano, Advanced Structural Design, Inc.; Ross Yamamoto, P.E.; Rossington Architecture; RRM Design Group; RSA Consulting Civil Engineers and Surveyors; RT Engineering & Associates, Inc.; Rutherford + Chekene; SA Associates; Sage Engineers; Salinas Valley Chamber of Commerce; Sandis; Schaaf & Wheeler; Scott Wallace Structural Engineers; SESOL, Inc.; Shannon & Wilson, Inc.; Snipes-Dye Associates; Sprotte Watson Architecture + Planning; Standard; Stephen Gonsalves, Nichols Melburg & Rossetto; Steve H. Nakashima Consulting Civil Engineer; Stevens Cresto Engineering, Inc.; Stover Engineering; Structural Engineers Association of California; Stuart Engineering; Studio Robbins Cortina; Sukow Engineering; Sven Lavine Architecture; SW Structural, Inc.; Syska Hennessy; T.Y. Lin International; Taylor Design; TerraCosta Consulting Group, Inc.; Terra Insurance Company; The Holt Group, Inc.; Tipping Structural Engineers; Towill, Inc.; Transpedia Consulting Engineers; TranSystems; Travelers; TSAC Engineering; Tuan and Robinson Structural Engineers, Inc.; Turpin & Rattan Engineering, Inc.; Twining; Utility Specialists; Vali Cooper & Associates, Inc.; Vasilis Papadatos, AIA; VER Consultants; Verdon Architects; Victor D. Schinnerer & Company, Inc.; Victor Garcia-Delgado; Victor O. Schinnerer & Company; Viriditas Design; Wagner Engineering & Survey, Inc.; Wallace Group; Walter P Moore; Weatherby-Reynolds-Fritson Engineering and Design; Weil & Drage; West Consultants, Inc.; Whitson Engineers; Wood Rodgers; XL Catlin; Yagade Consulting, Inc.; Yeh and Associates, Inc.; YEI Engineers, Inc.; Zurich Opposition : Alpine Village-Sequoia Crest Community Services District; Ambrose Recreation and Park District; American Canyon Fire Protection District; Apple Valley Fire Protection District; Association of California Healthcare Districts; Association of California School Administrators; Auburn Area Recreation and Park District; Barstow Heights Community Services District; Board of Harbor Commissioners, Moss Landing Harbor District; Buckingham Park Water District; CAL SMACNA; California Association of Joint Powers Authorities; California Association of School Business Officials; California Building Industry Association; California Legislative Conference of the Plumbing, Heating and Piping Industry; California-Nevada Conference of SB 885 (Wolk) Page 15 of ? Operating Engineers; California School Boards Association; California Special Districts Association; California State Association of Counties; California State Council of Laborers; The California State University; Calleguas Municipal Water District; Carpinteria Sanitary District; Chino Valley Fire District; City of American Canyon; City of Burbank - Office of the Mayor; City of Morgan Hill; City of Tulelake; Coachella Valley Water District; Coalition for Adequate School Housing; Community College Facility Coalition; Construction Employers' Association; Consumnes Community Services District; County School Facilities Consortium; Cucumonga Valley Water District; Dublin San Ramon Services District; Eastern Municipal Water District; Eastside Rural County Fire Protection District; El Dorado Irrigation District; Elk Grove Water District; Fresno Metropolitan Flood Control District; Fulton-El Camino Recreation & Park District; Garberville Sanitary District; Goleta Sanitary District; Goleta West Sanitary District; Granada Community Services District; Greater Vallejo Recreation District; Grizzly Flats Community Services District; Hayward Area Recreation and Parks District; Hesperia Recreation and Park District; Hilmar County Water District; Independent Special Districts of Orange County; Indian Wells Valley Water District; Inland Empire Utilities Agency; Irvine Ranch Water District; Kern County Cemetery District No. 1; Lake Arrowhead Community Services District; Las Gallinas Valley Sanitary District; League of California Cities; Livermore-Amador Valley Zone 7 Water Agency; Los Alamos Community Services District; Los Angeles Unified School District; Los Rios Community College District; Lower Lake County Waterworks District No. 1; Malaga County Water District; McCloud Community Services District; McKinleyville Community Services District; Menlo Park Fire Protection District; Midpeninsula Regional Open Space District; Midway City Sanitary District; Modesto Irrigation District; Monte Vista Water District; Monterey County Regional Fire District; Mountain House Community Services District; Mt. View Sanitary District; Municipal Water District of Orange County; Murphys Sanitary District; National Electrical Contractors Association; North County Fire Protection District; North of the River Recreation & Park District; Northern California Allied Trades; Novato Sanitary District; Oakdale Irrigation District; Oceano Community Services District; Olivenhain Municipal Water District; Orange County Cemetery District; Otay Water District; Palos Verdes Library District; Peninsula Corridor Joint Powers Board; Phelan Piņon Hills Community Services District; Placer County Water Agency; Pleasant Hill Recreation & Park District; Rincon del SB 885 (Wolk) Page 16 of ? Diablo Municipal Water District; Riverside County Superintendent of Schools; Rosamond Community Services District; Rossmoor Community Services District; Rowland Water District; Rural County Representatives of California; Sacramento Municipal Utility District; Salinas Valley Chamber of Commerce; Sanitary District No. 5 of Marin County; San Juan Water District; San Lorenzo Valley Water District; San Mateo County Transportation Authority; San Mateo County Transit District; San Ramon Valley Fire Protection District; Santa Clara Valley Water District; Sausalito-Marin City Sanitary District; Self-Help Counties Coalition; Silver Creek Valley Country Club, Geologic Hazard Abatement District; Silverado-Modjeska Recreation and Park District; Spalding Community Services District; South Orange County Wastewater Authority; South San Joaquin Irrigation District; South Tahoe Public Utilities District; Southern California Contractors Association; State Building and Construction Trades Council; Stege Sanitary District; Stockton East Water District; Squaw Valley Public Service District; Summerland Sanitary District; Three Valleys Municipal Water District; Town of Discovery Bay; Tuolumne Utilities District; United Contractors; Union Sanitary District; Urban Counties of California; Vallecitos Water District; Visalia Public Cemetery District; Vista Irrigation District; Wall and Ceiling Alliance; West County Wastewater District; West Valley Sanitation District HISTORY Source : American Council of Engineering Companies of California Related Pending Legislation : None Known Prior Legislation : See Background **************