CARB Job-Loss-Bowl

One Member Story is All Too Familiar – Bye-Bye Golden State

This is a story that I know resonates with many today concerning the influence of CARB regulations on many members that are 60 years or older.
Several years ago I had the opportunity to meet a distant relative for the first time – an aunt. Always interested in my family history, I asked why they had left Oklahoma and came to California. She told me that her family had been able to make it through the “Great Depression” in the 1920’s because they lived on a farm and were able to raise chickens, had a garden and even a milk cow, so the family was always fed. While it was rough they managed to survive until the Dust-Bowl drought years hit in mid to late 1930’s, and that was the end. They packed up and headed for California, known to all back then as “The Land of Opportunity.” Read more

Clarification a Registration Requirements Under SB 854

ELLISON WILSON ADVOCACY, LLC

GOVERNMENTAL AFFAIRS – LEGISLATIVE ADVOCACY

July 14, 2014

Department of Industrial Relations Office of Policy, Research, and Legislation (OPRL)

Re: Clarification a Registration Requirements Under SB 854

To Whom It May Concern:

I am writing on behalf of our client, the California Construction Trucking Association (“CCTA”) regarding information being disseminated by DIR staff that does not appear to be consistent with the law. Specifically, DIR staff is advising our members that they need to register (and pay a $300 fee) as contractors in order to perform work on public works projects.By way of background, CCTA, formerly known as the California Dump Truck Owners Association (CDTOA), is a 501(c)(6) trade association incorporated in 1941. CTTA represents over 1,000 construction industry related trucking compm1ies ranging in size from 1 truck to over 350 trucks whose business constitutes over 75% of the hauling of dirt, rock, sand, and gravel operations in the State. Read more

Q – Do All Construction Truck Operators Have to Comply?

New Tax, Registration, Regulations For Public Works Contractors

California’s Department of Industrial Relations (DIR) recently announced that they are establishing a new public works program to replace the Compliance Monitoring Unit and Labor Compliance Program requirements for bond-funded and other public works projects. The legislation became effective July 1st, of this year, it launched a new set of regulations for public works contractors and subcontractors, using the DIR’s new online application, and a new tax disguised as a fee of $300, “effective this year” and paid “thereafter.” Read more

ANALYSIS: State Courts and Labor Movement In Lock-step

By Pat Whalen, Legal Counsel to CCTA

A number of recent state law changes (legislation) and court cases in Sacramento have increased the potential exposure of trucking companies to liability for wage and hour claims, employee payment forms, and misclassifications of independent contractors. Read more

Reaching a Tipping Point

Employers in California are increasingly coming under attack on just about all fronts; taxes, energy costs, and growing employment liability of mammoth proportions. On the page across (CTN Aug 2014), Pat Whalen, who is part of our legal counsel team drafted a memo to our employer members that I hope all of you take the time and read. There are so many seemingly bad court decisions (in both state and federal court) and new regulations coming out of Sacramento that will have a very challenging effect on our employer members that one has to wonder when the end will come for small businesses here. Read more

Where Will All the Truckers Go?

Here we are, embroiled in CARB’s late rule changes that have done nothing but to confuse and really aggravate many including me.

I was hoping for the loan denial option to really help some of our folks that have not recovered from the great recession. Ha-ha! What a joke!! It’s going to be almost impossible to jump through the many hoops that CARB has mandated for this extension. Read more

US EPA Approves Waiver for CARB to Enforce Tractor-Trailer GHG Rule

Requirements on trucks pulling 53 foot van styled trailers – enforcement could begin soon

The U.S. EPA will be publishing in the Federal Register its approval for the California Air Resources Board to begin enforcement of its Heavy-Duty Tractor-Trailer Greenhouse Gas Regulation or more commonly called the SmartWay rule. Read more

California Supreme Court Orders Trial to Determine if O-O’s were Misclassified as Independent Contractors

Drayage carrier Pac Anchor utilized truck lease-purchase business model

In another major set-back for California based motor carriers, the California Supreme Court issued a decision on July 28, 2014 affirming California’s Business and Professional Code § 17200 (“unfair competition law” or “UCL”) is not preempted by federal law. This decision is closely tied to the recent Ninth Circuit decision finding no federal preemption exists concerning motor carriers being required to follow California’s (paid) meal and rest break requirements for their employee truck drivers. Read more

FMCSA Head Anne Ferro to Step Down

U.S. Secretary of Transportation Anthony Foxx announced on July 25, 2014 that Anne Ferro, Administrator of the Federal Motor Carrier Safety Administration (FMCSA) intended to resign her position at the end of August. Read more

CCTA Comments to CARB; “Keeping it Real”

CARB’s Proposed Plans to Implement Rule Changes Needs More Work

The CCTA officially submitted its comments today to the California Air Resource Boards on its proposed language to implement board approved amendments. Instead of writing an article about our comments, we’re simply reposting the filed comments in their entirety.

July 17, 2014

VIA E-MAIL

Clerk of the Board

California Air Resources Board

1001 “I” Street

Sacramento, CA. 95812-2815

Re: Proposed amendments to the Truck and Bus Regulation (section 2025); 15 – day   Modifications to Title 13, California Code of Regulations

To Whom it Concerns,

On behalf of the members of the California Construction Trucking Association (“CCTA” or “Association”) formerly known as the California Dump Truck Owners Association (“CDTOA”) we submit these comments in response to the California Air Resources Board (“CARB”) 15-day notice of proposed amendments to the Statewide Truck and Bus regulation implementing additional compliance options approved by the full board on April 25, 2014.

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