Government Affairs Highlights Q3 2021
Government Affairs – Brief Highlights
The CSA Government Affairs Committee continues to track legislation pertaining to the construction industry, including ever-changing regulatory enhancements from DIR-OSHA, CARB and CSLB. Additionally, the Committee, which meets regularly, last convened July 27 and September 17 to address new matters pertaining to the CSA survey results, as well as concerns pertaining to the pending US Supreme Court case (City of Austin v. Reagan National Advertising) regarding elimination of the onsite/offsite distinction, C7 low-voltage contractors doing sign work, stormwater runoff/business license renewals, and “skilled and trained” workforce issues.
Legislation
On the horizon for the GA Committee for 2021-22, will be reconsideration of SB 684 which CSA sponsored (drafted) many years ago in 2013. The law, codified as Business & Professions Code 5273, which extended redevelopment signage for 10 years, is due to sunset in 2023, but has several 2022 deadlines.
CSLB
The GA Committee continues to explore the scope of work performed by C7 and D34 contractors with regard to large, multi-array video, “low-voltage” installations.
CARB
Climate/STEPS/Virtual Inspections and Permit Applications. Following up regarding the governor’s climate initiatives, as noted earlier this year, several ideas pertaining to virtual inspections and permitting are being discussed.
Water Resources Control Board (stormwater) and Biz License Renewal
Several members reported this past year that in order to renew their business license they were being required to show compliance (or exemption) with stormwater discharge laws governing work- and jobsite runoff.
CDTFA (Tax Audits)
This is an ongoing issue. Under current law sponsored by CSA many years ago, on-premise electric signs are taxed at 1/3 of the total contract price. There were several inquires this past year from members facing audits recently about whether signs should be deemed fixtures for tax purposes and taxed differently. In one particular bureaucratic matter, the auditor is asking to look over nearly 1,000 separate jobs, a significant burden on the company. The audit completion deadline has been extended three times already.
LOCAL
LA ~ The latest is that we have drafted a letter to the PLUM Committee asking them to reinstate a prior version of the proposed revision that was negotiated over many years with our coalition partners.
Sacramento County ~ The County is revising its sign ordinance and is planning to undertake a stakeholder survey. Still no activity as yet, over a year later.
Folsom ~ Last fall, the city issued a rewrite of its sign code with plans for public hearings in spring 2021 (not yet scheduled). City pushed drafts and hearing dates to this fall.
A City Near You – Members are encouraged to notify CSA about code changes pending in the communities where you work.
LEGAL
The US Supreme Court to review the decision in Reagan National Advertising v. City of Austin, which eliminates the onsite/offsite distinction relating to digital sign conversions. Federal lower court decisions were issued this year from around the country with differing results. CSA Legal Counsel was invited to participate on a newly formed ISA subcommittee to address and strategize regarding the effect on sign codes since the US Supreme Court case of Reed v. Town of Gilbert.
A Few Reminders
Labor Law webinar. The Labor Commissioner’s Office launched a Business Engagement Program to help employers understand California labor law. The program includes an educational webinar series in partnership with ADP, Inc. https://www.dir.ca.gov/DIRNews/2020/2020-79.html
Sex Harassment Prevention Training. Employers with 5 or more employees had until the end of the 2020 to complete required Sexual Harassment prevention training. A free program is still available online at www.dfeh.ca.gov/shpt/
CalOSHA Construction Industry COVID Guidance www.dir.ca.gov/dosh/coronavirus/
LA published its own construction site Covid guidance (also in Spanish). https://www.ladbs.org/our-organization/messaging/news/news-details/2020/03/31/guidance-for-construction-sites
Sign law expert serving the sign industry and its customers for over 25 years, providing legal and consulting services to sign users, installers and manufacturers. Based in Sacramento, Practice Areas include Zoning; Land Use; Real Estate; Constitutional Law; Employment; & Business. Admitted to the Bar in 1989. Law Offices of Jeffrey L. Aran 1-888-SIGNLAW.