Bill Text: CA AB2731 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Environmental Quality Act: City of San Diego: Old Town Center redevelopment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 291, Statutes of 2020. [AB2731 Detail]
Download: California-2019-AB2731-Amended.html
Bill Title: California Environmental Quality Act: City of San Diego: Old Town Center redevelopment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 291, Statutes of 2020. [AB2731 Detail]
Download: California-2019-AB2731-Amended.html
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CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2731
| Introduced by Assembly Member Gloria (Principal coauthor: Senator Atkins) |
February 20, 2020 |
An act to add Chapter 6.9 (commencing with Section 21189.70) to Division 13 of, and to repeal Sections 21189.70.2, 21189.70.3, 21189.70.4, 21189.70.5, and 21189.70.6 of, the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 2731, as amended, Gloria.
California Environmental Quality Act: City of San Diego: Old Town Center redevelopment.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the
record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA.
This bill would authorize the San Diego Association of Governments to obtain site control to support the redevelopment of the Old Town Center site, including a transit and transportation facilities project, in the City of San Diego before completing the environmental review for those actions.
The bill would exempt transit-oriented development projects occurring at the Old Town Center site that meet certain requirements from the requirements of CEQA.
The bill would require the lead agency, in certifying the environmental impact report and in granting approvals for a transit and transportation facilities project, as defined, to comply with specified procedures. The bill would require the lead agency to concurrently prepare the record of
proceedings for the project. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would apply certain rules of court establishing procedures requiring actions or proceedings seeking judicial review pursuant to CEQA or the granting of project approvals, including any appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court to an action or proceeding seeking judicial review of the lead agency’s action related to the project. The bill would prohibit a court from staying or enjoining the transit and transportation facilities project unless it makes specified findings. The bill would repeal these provisions if the lead agency fails to certify an environmental impact report for the transit and transportation facilities project before January 1, 2025.
The bill would require transit-oriented
development projects at the Old Town Center site and transit and transportation facilities projects to comply with certain labor-related requirements.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Diego.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts of projects be identified and mitigated. The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts.
(b) In its capacity as the San Diego region’s metropolitan planning organization under federal
and state law, the San Diego Association of Governments (SANDAG) has identified the need for a multimodal regional transportation facility to serve as a connection for regional transit and to link regional transit to the San Diego International Airport.
(c) The United States Department of the Navy owns the Naval Information Warfare Systems Command (NAVWAR) and the Naval Information Warfare Center Pacific (NIWC PAC) at the Naval Base Point Loma’s Old Town Center (Old Town Center). NAVWAR and NIWC PAC is a substandard and obsolete facility incapable of sustaining the United States Navy’s mission.
(d) On July 5, 2018, the Department of Housing and Community Development determined that the San Diego region would need to plan for 171,685 housing units during the 6th Housing Element Cycle
(2021–29). The San Diego region has made significant investments in transit. Encouraging housing growth near transit can promote infill development and preserve open space, as most transit is located in urbanized areas. Improved access to transit can also lower the vehicle miles traveled in a car and reduce emissions of greenhouse gases by locating housing near job centers.
(e) The approximately 70.5-acre Old Town Center is an infill area, located within the Midway-Pacific Highway Community Plan planning area in the City of San Diego. The San Diego region would greatly benefit from the redevelopment of the Old Town Center for purposes of new public transit and transportation facilities and transit oriented mixed-use development.
(f) The redevelopment of the Old Town Center presents an unprecedented
opportunity to significantly reduce the cumulative traffic, air quality, and greenhouse gases emissions impacts of the anticipated growth within SANDAG’s regional transportation planning area by developing new public transit and transportation facilities that will serve the entire San Diego region. The Old Town Center is located downtown in the City of San Diego near heavy and light rail transit facilities, situated to maximize opportunities to encourage nonautomobile modes of travel to the proposed transit oriented mixed-use development, and is consistent with the policies and regional vision included in the sustainable communities strategy developed pursuant to Chapter 728 of the Statutes of 2008 by SANDAG in October 2015. The Old Town Center is also located within close proximity to other major infill sites downtown in the City of San Diego.
(g) The Old Town Center has the potential to facilitate transit-oriented development adjacent, physically related, or functionally related to a new multimodal regional transportation facility linking the San Diego region with regional transit and the San Diego International Airport.
(h) The Old Town Center will support the development of new state-of-the-art naval facilities and may include mixed-use development, as described in the notice of intent to prepare an environmental impact statement for Navy Old Town Campus Revitalization at Naval Base Point Loma published by the United States Department of the Navy in the Federal Register on January 24, 2020.
(i) The naval facilities and mixed-use development are expected to generate significant full-time
employment, including employees hired during both construction and operation of the mixed-use development at the Old Town Center. This employment estimate does not include substantial job generation that will occur with the surrounding development uses, which will generate additional
hospitality, office, restaurant, and retail jobs in the City of San Diego’s downtown area.
(j) It is in the interest of the state to streamline the environmental review of the redevelopment of Old Town Center to promote transit-oriented development, including new housing near transit and job centers, and to expedite judicial review of new transit and transportation facilities, as appropriate, to facilitate their timely delivery while protecting the environment and the right of the public to review, comment on, and, if necessary, seek judicial review of, the adequacy of the environmental impact report for the transit and transportation facilities project.
SEC. 2.
Chapter 6.9 (commencing with Section 21189.70) is added to Division 13 of the Public Resources Code, to read:CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego
21189.70.
For purposes of this chapter, the following definitions apply:(a) “Applicant” means a private or public entity or its affiliates that proposes a transit-oriented development.
(b) “Navy” means the United States Department of the Navy.
(c) “Old Town Center site” means the approximately 70.5-acres comprising the Naval Base Point Loma’s Old Town Center.
(d) “SANDAG” means the San Diego Association of Governments.
(e) “Site control” means a
lease agreement, property transfer, or other property conveyance from the Navy to SANDAG related to transit and transportation facilities.
(f) “Site plan” means the site development plan approved, on or before April December 2021, by the Navy and SANDAG for the Old Town Center site that complies with the content requirements specified in subdivision (a) of Section 65451 of the Government Code and Section 65452 of the Government Code.
(g) “Transit and transportation facilities” means a multimodal regional transportation facility, including a central mobility hub and transit linkages, to serve as a connection to
link regional transit to the San Diego International Airport.
(h) “Transit-oriented development project” means a project for the redevelopment of the Old Town Center site that substantially conforms to the description of the uses approved as the major federal action set forth in the record of decision signed by the Navy on or before April December 2021.
21189.70.1.
(a) For purposes of this section, the following definitions apply:(1) “Employment center project” means a project with a floor area ratio of no less than 0.75 and that is located within a transit priority area.
(2) “Floor area ratio” has the same meaning as in Section 21099.
(3) “Transit priority area” has the same meaning as in Section 21099.
(b) Except as provided in subdivision (c), a transit-oriented development project, including a residential, employment center, or
mixed-use development project, located in the Old Town Center site that meets all of the following criteria is exempt from this division:
(1) The project is proposed within a transit priority area.
(2) (A) The project is undertaken to implement and is consistent with the land use standards approved by the Navy and SANDAG for the Old Town Center site and the site plan for which an environmental impact report has been certified on or before April
December 2021.
(B) The site plan shall meet a vehicle miles traveled reduction of 20 percent below the regional average vehicle miles traveled identified in the sustainable communities strategy or alternative planning strategy applicable at the time of the approval of the site plan.
(3) The project is consistent with the general use designation, density, building intensity, and applicable policies specified in the Old Town Center site in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, has accepted
SANDAG’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emissions reduction targets.
(4) The project proponent certifies that the project will comply with Section 21189.70.7.
(c) Further environmental review shall be conducted only if any of the events specified in Section 21166 have occurred.
(d) (1) Pursuant to Section 15221 of Title 14 of the California Code of Regulations, 21083.5,
the environmental impact statement prepared by the Navy for the redevelopment of the Old Town Center site pursuant to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) is deemed adequate as to form and content for use as may be used in lieu of all or any part of
an environmental impact report prepared pursuant to this division for the redevelopment of the Old Town Center site if that statement complies with the applicable requirements of this division and the guidelines adopted pursuant to this division and its use by a public agency for purposes of compliance with this division shall not in and of itself constitute a prejudicial abuse of discretion so long as the lead agency consults with the Navy, notifies the Navy regarding any scoping meetings for the proposed project, and a discussion of mitigation measures or growth-inducing impacts are included in the environmental impact statement.
(2) Paragraph (1) is not intended to exempt approvals of public agencies from the requirements of Section
21081, 21081.6, 21100, or 21151, or to limit judicial review of those approvals under Section 21168.
(3) Any significant impacts identified in the Navy’s environmental impact statement for the redevelopment of the Old Town Center site that are offsite of the Old Town Center site and that are incorporated by the lead agency into the environmental impact report shall be subject to the applicable mitigation requirements and enforcement provisions of this division.
21189.70.2.
Notwithstanding any other law, Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for the transit and transportation facilities project or the granting of any approvals for this project, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. On or before June 30, 2021, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this section.21189.70.3.
Notwithstanding any other law, the preparation and certification of the record of proceedings for the transit and transportation facilities project shall be performed in the following manner:(a) The lead agency for the project shall prepare the record of proceedings pursuant to this division concurrently with the administrative process.
(b) All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an internet website maintained by the lead agency commencing with the date of the release of the draft environmental impact report.
(c) The lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to, or relied on by, the lead agency in the preparation of the draft environmental impact report.
(d) A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is released or received by the lead agency.
(e) The lead agency shall encourage written comments on the project to be submitted in a readily
accessible electronic format, and shall make any comment available to the public in a readily accessible electronic format within five days of its receipt.
(f) Within 14 business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(g) Notwithstanding paragraphs subdivisions (b) to (f), inclusive, documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be
made readily accessible in an electronic format. For those copyright-protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the
copyrighted materials are available for public review.
(h) The lead agency shall certify the final record of proceedings within five days after the filing of the notice required by subdivision (a) of Section 21152.
(i) Any dispute arising from the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.
(j) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.
21189.70.4.
(a) If the lead agency fails to certify an environmental impact report for the transit and transportation facilities project before January 1, 2025, Sections 21189.70.2 to 21189.70.6, inclusive, shall become inoperative and are repealed on January 1 of the following year.(b) On or before February 1, 2025, the lead agency shall, if it fails to certify the environmental impact report for the transit and transportation facilities project before January 1, 2025, notify the Secretary of State of its failure.
(c) SANDAG may obtain site control to support the redevelopment of the Old Town Center site,
including the transit and transportation facilities project, before completing the environmental review pursuant to this division.
21189.70.5.
(a) The draft and final environmental impact report for the transit and transportation facilities project shall include a notice in not less than 12-point type stating the following:THIS ENVIRONMENTAL IMPACT REPORT (EIR) IS SUBJECT TO CHAPTER 6.9 (COMMENCING WITH SECTION 21189.70) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES
SET FORTH IN CHAPTER 6.9 (COMMENCING WITH SECTION 21189.70) OF DIVISION 13 OF THE PUBLIC
RESOURCES CODE. A COPY OF CHAPTER 6.9 (COMMENCING WITH SECTION 21189.70) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR.
(b) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section.
(c) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report.
(d) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the
draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report.
(e) (1) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period.
(2) A request for mediation shall identify all areas of dispute raised in the comment submitted by the
commenter that are to be mediated.
(3) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years of experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation.
(4) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute.
(5) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this paragraph shall not raise the issue addressed by that measure as a basis for an action or
proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals.
(f) The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following:
(1) New issues raised in the response to comments by the lead agency.
(2) New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents.
(3) Changes made to the project after
the close of the public comment period.
(4) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting or monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report.
(5) New information that was not reasonably known and could not have been reasonably known during the public comment period.
(g) (1) The lead agency shall file the notice required by subdivision (a) of Section 21152 within five days after the last initial project approval.
(2) (A) The lead agency shall prepare and certify the record of proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings.
(B) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part
of the record of proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency.
(C) Notwithstanding subparagraph (B), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright-protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead
agency offices in which hardcopies of the copyrighted materials are available for public review.
(D) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt.
(E) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(F) The lead agency shall indicate in the record of proceedings comments received that were not considered by the lead agency pursuant to
subdivision (f) and need not include the content of the comments as a part of the record of proceedings.
(G) Within five days after the filing of the notice required by subdivision (a) of Section 21152, the lead agency shall certify the record of proceedings for the approval or determination and shall provide an electronic copy of the record of proceedings to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record of proceedings for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy.
(3) Within 10 days after being served with a complaint or a
petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court.
(4) Any dispute over the content of the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.
(5) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.
(h) A transit and transportation facilities project shall meet a vehicle miles traveled reduction of 20 percent
below the regional average vehicle miles traveled identified in the sustainable communities strategy or alternative planning strategy applicable at the time of the approval of the transit and transportation facilities project.
(i) Except as provided in subdivision (c) of Section 21189.70.4, the approval of a transit and transportation facilities project shall be preceded by the certification of a project-level environmental impact report.
21189.70.6.
(a) In granting relief in an action or proceeding brought pursuant to this chapter, the court shall not stay or enjoin the construction or operation of the transit and transportation facilities project unless the court finds either of the following:(1) The continued construction or operation of the project presents an imminent threat to the public health and safety.
(2) The project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or
operation of the project unless the court stays or enjoins the
construction or operation of the project.
(b) If the court finds that paragraph (1) or (2) of subdivision (a) is satisfied, the court shall only enjoin those specific activities associated with the project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.
(c) An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of Chapter 6 (commencing with Section 21165).
(d) Where an action or
proceeding brought pursuant to this chapter challenges aspects of the project other than the transit and transportation facilities project and those portions or specific project activities are severable from the transit and transportation facilities project, the court may enter an order as to such aspects of the project that includes one or more of the remedies set forth in Section 21168.9.
21189.70.7.
(a) For purposes of this section, the following definitions apply:(1) “Project” means a transit and transportation facilities project or a transit-oriented development project.
(2) “Project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(3) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(b) (1) For a project undertaken by a public agency, except as provided in paragraph (2), an entity shall not be prequalified or shortlisted or awarded a contract by the public agency to perform any portion of the project unless the entity provides an enforceable commitment to the public agency that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades.
(2) Paragraph (1) does not apply if any of the following requirements are met:
(A) The public agency has entered into a project labor agreement
that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement.
(B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the public agency before January 1, 2021.
(C) The entity has entered into a project labor agreement that will bind the entity and all of its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.
(c) For a project undertaken by a private entity, the project applicant shall do
both of the following:
(1) Certify to the lead agency that either of the following is true:
(A) The entirety of the project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B) If the project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division
of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the project is subject to this subparagraph, then, for those portions of the project that are not a public work, all of the following shall apply:
(i) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(ii) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(iii) (I) Except as provided in subclause (III), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided by that section.
(II) Except as provided in subclause (III), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, by an underpaid worker through an administrative complaint or civil action, or by a joint
labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(III) Subclauses (I) and (II) do not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.
(iv) Notwithstanding subdivision (c) of
Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(2) Certify to the lead agency that a skilled and trained workforce will be used to perform all construction work on the project. All of the following requirements shall apply to the project:
(A) The applicant shall require in all contracts for the performance of work
that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the project.
(B) Every contractor and subcontractor shall use a skilled and trained workforce to complete the project.
(C) (i) Except as provided in clause (ii), the applicant shall provide to the lead agency, on a monthly basis while the project or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the lead agency pursuant to this clause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures
in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(ii) Clause (i) does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure.
