Bill Text: CA AB1045 | 2019-2020 | Regular Session | Amended
Bill Title: Public works: prevailing wages.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1045 Detail]
Download: California-2019-AB1045-Amended.html
Amended
IN
Assembly
March 19, 2019 |
Assembly Bill | No. 1045 |
Introduced by Assembly Member Chen |
February 21, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would make technical, nonsubstantive changes to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1771 of the Labor Code is amended to read:1771.
(a) Except for public works projects of This
(a)A charter city shall not receive or use state funding or financial assistance for a construction project if the charter city has a charter provision or ordinance that authorizes a contractor to not comply with the provisions of this article on any public works contract.
(b)A charter city shall not receive or use state funding or financial assistance for a construction project if the charter city has awarded, within the prior two years, a public works contract without requiring the contractor to comply with all of the provisions of this article. This
subdivision shall not apply if the charter city’s failure to include the prevailing wage or apprenticeship requirement in a particular contract was inadvertent and contrary to a city charter provision or ordinance that otherwise requires compliance with this article.
(c)A charter city is not disqualified by subdivision (a) from receiving or using state funding or financial assistance for its construction projects if the charter city has a local prevailing wage ordinance for all its public works contracts that includes requirements that in all respects are equal to or greater than the requirements imposed by the provisions of this article and that do not authorize a contractor to not comply with this article.
(d)For purposes of this section, the following shall apply:
(1)A public works contract does not include
contracts for projects of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or projects of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair, or maintenance work.
(2)A charter city includes any agency of a charter city and any entity controlled by a charter city whose contracts would be subject to this article.
(3)A “construction project” means a project that involves the award of a public works contract.
(4)State funding or financial assistance includes direct state funding, state loans and loan guarantees, state tax credits, and any other type of state financial support for a construction project. State funding or financial assistance does not include revenues that charter cities are entitled to receive without conditions
under the California Constitution.
(e)The Director of Industrial Relations shall maintain a list of charter cities that may receive and use state funding or financial assistance for their construction projects.
(f)(1)This section does not restrict a charter city from receiving or using state funding or financial assistance that was awarded to the charter city prior to January 1, 2015, or from receiving or using state funding or financial assistance to complete a contract that was awarded prior to January 1, 2015.
(2)A charter city is not disqualified by subdivision (b) from receiving or using state funding or financial assistance for its construction projects based on the
charter city’s failure to require a contractor to comply with this article in performing a contract the charter city advertised for bid or awarded prior to January 1, 2015.