CC/ASLA Legislative Update: ?Licensure Review, Seeking LATC Nominees
By Jon Wreschinsky, CCASLA Representative

The California Council, ASLA has been busy on a number of fronts. Most importantly, discussions of the upcoming licensure sunset review process have begun regarding appropriate strategies to prepare us to take on this effort. The sunset review process will commence this coming October. The Landscape Architects Technical Committee staff is currently organizing in preparation for the anticipated actions necessary to defend state licensure of landscape architects. Your response in regards to letter writing and other supporting efforts will be critical once the process officially begins. It is important that you begin to think now how you can assist with this effort and remain proactive. For further information, contact your current LATC Board members who can be reached via the LATC web site.

CCASLA has launched a survey to California ASLA members and state licensed landscape architects to help determine legislative priorities. In order for the CCASLA Board to affectively respond to the breadth of legislative actions in Sacramento potentially affecting the practice of landscape architecture and running our businesses, we need your input on the issues important to you. This survey will also help provide information that can be used in our title and practice act defense. Please look for the survey, complete it and return it so that we can be better prepared to serve your interests.

LATC is seeking nominations to fill 4 of the 5 Committee seats up for appointment in 2011. The five-member committee consists of technical experts who are licensed to practice landscape architecture in California. Committee members help oversee LATC's mission to empower and protect consumers through the dissemination of information and educational materials related to landscape architectural services, ensure the standards of competency of practitioners and review the laws, regulations, codes, and standards governing the practice of landscape architecture. For more information, contact a current LATC committee member or email us at ccasla@sbcglobal.net.

A brief update on current state legislative actions important to the profession include the following:
Senate Bill (SB) 189, Mechanics Lien, continues to make its way through Assembly committee. As proposed, this legislation will reorganize and restate the statutory mechanics lien law and will provide the ability of landscape architects to file a lien for recovery of fees owed to them for design services rendered under contract. Passage is looking very promising.

SB 972, Indemnification Agreements, is currently in Assembly committee. This bill will provide that under any indemnity agreement, a design professional will have no obligation to defend actions or proceedings prior to a preliminary or final determination of liability. The bill will also limit the design professional's defense costs to the determined percentage of liability based upon the comparative fault of the indemnitor. This bill has the potential to greatly reduce indemnification costs since the individual would only be responsible for their own negligent conduct and not of other third parties limiting liability to the extent of the harm caused by the negligent conduct only.

AB 2422, Model Efficient Landscape Ordinance: Scientific Panel, is in Assembly committee. This bill would prohibit the Department of Water Resources (DWR) from updating the model water efficient landscape ordinance (MWELO) until any proposed update has undergone an independent peer- reviewed scientific study. This legislation is supported primarily by the nursery industry and brings into question the validity of current rules, regulations and guidelines relating to MWELOs. The potential that current ordinances could be overturned is marginal but this bill could change guidelines generally relating to urban residential outdoor water demand management.

For further information on these and other legislative actions, please feel free to contact me at jswreschinsky@pacbell.net or 619-916-6956..