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6A-20 Legislative Bill Action ................................ ............................... comply with all applicable laws or regulations governing the labor or services to be provided under the contract. SB 179 establishes a rebut- table presumption that those businesses entering into such a contract for labor or services do not violate the bill's provisions if the labor contract or material change to the contract meets specific requirements. The author's office noted that in 2002 Senator Alarcon authored a similar measure, SB 1466, which was vetoed by the Governor. The Governor was not opposed to the merits of the particular measure, but stated that he wanted more time for other new labor law protections to work. The sponsors on SB 179 are California Labor Federation, AFL -CIO, Service Employees International Union, State Building and Construc- tion Trades Council, California Teamsters Public Affairs Council, and the California Rural Legal Assistance Foundation. Staff: Natasha Fooman, Status: SenLbr &indRel, Position: Review and Comment. AB 229 (Pacheco). School Districts. Public Project Contracts. AB 229 requires a School District public project contract involving an expen- diture of $50,000 or more to be competitively bid. AB 229 also requires the Superintendent of Public Instruction to adjust the $50,000 threshold annu- ally beginning in 1/1/04 with the California Con- struction Index. Staff: Natasha Fooman, Status: AsBus &Prof; Hrg -4/1, Position: Review and Comment. AB 286 (Dutra). Mechanics' Liens. AB 286 enacts the Home Improvement Consumer Protec- tion Act of 2003, which provides that if a home improvement contract exceeds $20,000 (regard- less of later increases in price) the homeowner may setoff the amount of good -faith payments to the original contractor against the aggregate amount of enforceable mechanics' liens and stop notice claims, in an amount not exceeding $20,000. AB 286 provides that a homeowner's receipt of a preliminary 20 -day notice does not affect the good -faith nature of a payment by the owner. Staff: Natasha Fooman, Status: AsJud; Hrg -4/1, Position: Review and Comment. SB 780 (Torlakson)._ Vehicles. Violations. Automated Enforcement Systems. SB 780 revises the definition of "automated enforcement system" to delete the requirement that the system be designed to obtain a Gear photograph of the driver of the vehicle. SB 780 requires those violations to be cited as civil violations, subject to a civil penalty of not more than $200 and a specified administrative adjudication process. Staff: Natasha Fooman, Status: SenJud; Hrg -4/1, Position: Review and Comment. ENVIRONMENTAL AB 1051 (Goldberg). Capital Facility Fees. AB 1051 sponsored by the City of Los Angeles; the San Francisco Public Utilities Commission, and the East Bay Municipal Utility District, would address a serious problem facing numerous cities. A fact sheet about the bill is available on the League's website at hftp: / /www.cacities.org/ click on 'Issues and Advocacy' and from the Legislation section click on 'General Legislation Search' and enter bill number AB 1051 Throughout the state, educational institutions and other public agencies are seeking refunds of moneys paid for utility services, as well as pro- spective relief from future utility bills. These agen- cies assert that each of the different types of fees — connection fee, capacity fee, and utility service rate — constitute "capital facilities fees" and are thus subject to the provisions of the Government Code. Further, these agencies contend that utility rates, which include a component that is used to finance ongoing capital maintenance, repairs, replacement, or rehabilitation of utility infrastruc- ture, are being illegally charged since the public utility is not negotiating those utility rates, and the public utilities have increased utility rates beyond the statutorily- provided economic index. Existing law states that "capital facilities fees" must be negotiated between a utility and a school district or public agency and increases in such fees are limited by a statutorily- provided economic PAGE 10 /PRIORITY FOCUS Visit the League's Official Web Site -- www.cacities.org