Bill Text: CA AB2311 | 2019-2020 | Regular Session | Chaptered


Bill Title: Public contracts: skilled and trained workforce requirement: notice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-08-30 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5326.). [AB2311 Detail]

Download: California-2019-AB2311-Chaptered.html

Assembly Bill No. 2311
CHAPTER 347

An act to amend Section 2600 of, and to add Section 2600.5 to, the Public Contract Code, relating to public contracts.

[ Approved by Governor  September 30, 2020. Filed with Secretary of State  September 30, 2020. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2311, Low. Public contracts: skilled and trained workforce requirement: notice.
Existing law establishes requirements that apply when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project. Existing law also authorizes a public entity to require that a bidder, contractor, or other entity use a skilled and trained workforce to complete a contract or project.
This bill would require a public entity, when the use of a skilled and trained workforce to complete a contract or project is required pursuant to existing law, to include in all bid documents and construction contracts a notice that the project is subject to the skilled and trained workforce requirement. The bill would additionally provide, if a public entity fails to provide the notice, that the public entity shall not be excused from the requirement to obtain the enforceable commitment and that a bidder, contractor, or other entity is not excused from the obligation to use a skilled or trained workforce, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2600 of the Public Contract Code is amended to read:

2600.
 (a) This chapter applies when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project.
(b) A public entity may require a bidder, contractor, or other entity to use a skilled and trained workforce to complete a contract or project regardless of whether the public entity is required to do so by a statute or regulation.
(c) When the use of a skilled and trained workforce to complete a contract or project is required pursuant to subdivision (a) or (b), the public entity shall include in all bid documents and construction contracts a notice that the project is subject to the skilled and trained workforce requirement.

SEC. 2.

 Section 2600.5 is added to the Public Contract Code, to read:

2600.5.
 The failure of a public entity to provide a notice pursuant to subdivision (c) of Section 2600 shall not excuse either of the following:
(a) The public entity from the requirement to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project.
(b) A bidder, contractor, or other entity from the obligation to use a skilled or trained workforce if such a requirement is imposed by a statute or regulation.

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