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<br />Legislative <br /> <br />Bill <br /> <br />Action <br /> <br />................................................................ <br /> <br />thank her for responding to the concerns of local <br />government and to indicate that they are now <br />neutral on the bill. <br /> <br />As amended May 16, SB 1059 would still <br />authorize the California Energy Commission to <br />engage in long term planning to identify and <br />designate possible transmission corridors, in <br />which, at some future date, transmission lines <br />might be built. However, the bill no longer re- <br />quires local govemments to amend their general <br />plans to be consistent with the corridors. Instead, <br />the bill provides for extensive property owner <br />notification and local government consultation and <br />requires local governments to "... consider the <br />designated corridor when making a determination <br />regarding a land use change within or adjacent <br />to the corridor that could affect its continuing <br />viability to accommodate a transmission line <br />planned within the corridor." <br /> <br />SB 1059 is now pending in the Assembly <br />Energy and Utilities Committee and Assembly <br />Local Government Committee. The League <br />thanks Senator Escutia, her staff and the Energy <br />Commission for working with us to resolve our <br />concerns. It was a long haul, but worth it. Staff: <br />Yvonne Hunter; Status: AsmU&C; Position: <br />Neutral. <br /> <br />PUBLIC WORKS <br /> <br />AB 573 (Wolk). Indemnification. Design <br />Professionals. After working for many months to <br />try to resolve our differences, the League is now <br />officially opposed to AB 573 (Wolk). We had <br />informed the author's staff that if our concerns <br />were not resolved, we would strongly oppose the <br />bill. This measure would restrict the types of <br />indemnification clauses that may be included in a <br />public agency contract with a design or engineer- <br />ing professional or firm. Instead, it would specify <br />an indemnification provision that does not allow a <br />public agency to adequately manage its potential <br />liability, thus limiting the options available to public <br />agencies to protect their taxpayers. <br /> <br />AB 573 purports, according to the sponsors, to <br />grant to California public agencies the authority to <br />include indemnity provisions in their contracts with <br />architecture and engineering ("AlE") consultants. <br />However, such authority already exists. AB 573 <br />would actually limit the flexibility of public agencies <br />to negotiate professional service agreements <br />which reflect the particular risks of each project <br />and the relative capacities and capabilities of <br />different architects and engineers. Moreover, AB <br />573 addresses an issue that was already fairly and <br />reasonably addressed through AB 994 (Sweeney) <br />in 1997. In fact, AB 573 goes far beyond AB 994 <br />(Sweeney), to the detriment of the public. <br /> <br />In substance, AB 573 is identical to several <br />prior bills that were rejected or vetoed. (See, for <br />example, SB 1915 (Figueroa 2004); AB 1839 <br />(Campbell 2002); AB 1070 (Campbell 997 - 1998. <br />While the sponsors provided several examples of <br />cities that include "fair" (from their perspective) <br />indemnification provisions in their contacts, the <br />League's sampling of some of the cities on the list <br />indicates that those cities were either no longer <br />using those provisions, had used them in a special <br />situation only, or were reviewing their continued <br />use of those provisions. <br /> <br />Cities are encouraged to have their city attor- <br />neys and public works directors carefully review AB <br />573 and then send letters of opposition to the <br />author and members of the Senate Judiciary <br />Committee. Please indicate how you believe such <br />indemnification restrictions would impact your <br />ability to find qualified design and engineering <br />contractors, and whether, as the sponsors con- <br />tend, the current system is actually limiting the <br />ability of cities to find qualified design contractors. <br />The League disputes this contention. Staff: <br />Yvonne Hunter; Status: SenJud, Hearing June 16; <br />Position: Oppose. <br /> <br />TRANSPORTSA TION <br /> <br />AB 2210 (Goldberg). Tow Trucks. Regulating. <br />AB 2210 strengthens regulations on vehicle towing <br />Continued on Page 15 <br /> <br />PAGE 14 - PRIORITY FOCUS <br />May 26, 2006 - Issue #21 <br /> <br />Visit the League's Official Website--www.cacities.org <br />