2018 Public Agency Legislative Update: Public Works & Public Property

AB 1066. Public Works Definition: AB 1066 amends Labor Code section 1720 to expand the definition of “public works” to include tree removal work done in service of any activity already defined as a “public works” under Labor Code section 1720(a)(1).

AB 1066 also amends Labor Code section 1720(c)(1) to allow redevelopment agency successor agencies to require, by agreement with the developer, that private residential projects built on private property be treated as public works project.

AB 1127. Baby Diaper Changing Stations: AB 1127 amends Government Code sections 15805 and 50535, and Health and Safety Code section 118506 to require public agencies to install at least one baby changing station in every state or local agency owned public building with at least one publicly accessible restroom. Furthermore, these changing stations must be identified on all directories identifying the locations of restrooms and offices.

This requirement applies to new construction and buildings with renovations estimated to cost at least $10,000 or more and that include renovations to their restroom facilities. An exception to this requirement is made where the permitting entity or building inspector determines the addition of a baby changing station is not feasible, would result in a building code violation, or would interfere with the right of access of disabled persons. Under Health and Safety Code section 118506, these requirements additionally apply to theaters, grocery stores, health facilities, convention centers, sports arenas, auditoriums, cultural complexes, exhibition halls, libraries, passenger terminals, amusement park structures, restaurants with capacity for 60 or more patrons, shopping centers larger than 25,000 square feet, retail stores larger than 5,000 square feet, and tourist attractions.

SB 496. Indemnity: Design Professionals: SB 496 amends Civil Code section 2782.8 to limit the potential liability of design professionals contracting with public agencies.  Design professionals cannot be contractually obligated to have more liability than their proportionate share of fault, for claims arising from their professional design work. Design professionals are still liable for claims related to their own negligence, recklessness, and willful misconduct.

The limit on design professionals’ liability does not apply: (1) if a project-specific general liability policy insures all project participants for general liability exposure 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 (2) if the design professional is a party to a written design-build joint venture agreement.

If you have any questions about these legal developments, please contact the following from our office, or the attorney with whom you normally consult.

Maggie Stern
mstern@kmtg.com | 916.321.4541

Andreas Booher
abooher@kmtg.com | 916.321.4372