// AIA California, Working for You
The State of California is a challenging client to be sure, and for those that engage in public work, anything that can be done to reduce the bureaucratic processes helps your bottom line. Earlier this year, AIA California, with a large group of organizations representing the design and construction industry, was successful in amending a bill which had the potential to significantly delay public work.
AB 339 (Ortega) was drafted to require local public agencies to provide at least 60 days’ written notice to employee organizations before issuing or renewing contracts for services that fall within represented job classifications—and to engage in potentially lengthy “meet and confer” negotiations upon request. A large coalition of statewide and local government associations, including AIA California, opposed the measure, arguing that it imposes new costs, delays, and administrative burdens without addressing any demonstrated problem. Existing law already requires good-faith negotiations under the Meyers-Milias-Brown Act when contracting decisions affect represented employees, and agencies that fail to comply can be challenged before the Public Employment Relations Board.
The coalition warned that AB 339’s broad scope could have subjected nearly every contract to negotiation, severely hindering agencies’ ability to deliver timely public services. For architects and design professionals, the bill posed a particular risk to project delivery: it would have delayed contracting for planning, plan-check, and design work by at least 60 days—potentially compounding at multiple phases of a project. This could have halted housing, infrastructure, and permitting activities and exposed agencies to liability for missing statutory or regulatory deadlines. Many agencies also lack in-house licensed design expertise and rely on outside professionals, so these restrictions could have prevented them from meeting essential public obligations.
Following sustained coalition advocacy, the author and sponsor of AB 339 agreed to amend the bill to exempt architectural, engineering, and other design-related professional services, ensuring that professional services governed by the Qualifications-Based Selection (QBS) process and similar frameworks are not subject to the 60-day notice and negotiation requirements.
With these changes in place, AB 339 was ultimately signed into law, preserving the ability of architects, engineers, and related professionals to continue contracting with public agencies without added procedural delay.
Building coalitions with others in the AEC industry to protect architects from potentially harmful legislation – just one more way AIA California is working for you.
Nicki
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Nicki Dennis Stephens, Hon. AIA, LEED Green Assoc.
Executive Vice President
The American Institute of Architects California
1931 H Street Sacramento, CA 95811
phone: (916) 642-1707 | web: http://www.aiacalifornia.org
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