Bill Text: CA SB1004 | 2021-2022 | Regular Session | Introduced
Bill Title: Public works: apprenticeship: bid preference.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-05 - April 5 set for first hearing canceled at the request of author. [SB1004 Detail]
Download: California-2021-SB1004-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1004
| Introduced by Senator Cortese |
February 14, 2022 |
An act to add Chapter 6.9 (commencing with Section 6990) to Part 1 of Division 2 of the Public Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1004, as introduced, Cortese.
Public works: apprenticeship: bid preference.
The State Contract Act governs state contracts for public works projects and, among other things, generally requires the award of a contract to the lowest responsible bidder, with specified alternative procurement procedures authorized in certain cases.
This bill would require a state agency that enters into a public works contract with an estimated value of not less than $250,000 to decrease the bid amount of a bidder by 5%, for purposes of comparing the bid with competing bids, if the bidder is party to an apprenticeship agreement with an approved apprenticeship program. The bill would require the lowest responsive and responsible bidder, taking the apprenticeship preference into consideration, to be awarded the contract unless the solicitation provides for additional award criteria. The bill would require a contractor seeking such a decrease,
at the time of submission of a bid for a public works contract, to furnish written proof of approval to train apprentices by an approved apprenticeship program for each apprenticeable trade the contractor intends to employ on the public works project, signed under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a contractor to which the contract is awarded as a result of the decrease to employ registered apprentices in accordance with specified law and standards. The bill would define terms for these purposes.
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.
Chapter 6.9 (commencing with Section 6990) is added to Part 1 of Division 2 of the Public Contract Code, to read:CHAPTER 6.9. California State Public Works Apprenticeship Bid Preference
6990.
The Legislature finds and declares all of the following:(a) This chapter encourages the utilization of apprenticeship by providing a bid preference on public works projects for contractors who utilize actively registered construction trades apprentices of apprenticeship programs approved by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations pursuant to Section 3075 of the Labor Code.
(b) Apprenticeships are educational “earn while you learn” job training opportunities that teach critical occupational skills by combining hands-on job experience with in-classroom curriculum. These programs seek to offer their students lifelong skill sets that often lead to
high-quality careers.
(c) In the construction industry, apprenticeship programs are seen as the highest standard of hands-on job training, as they provide the most up-to-date, state-of-the-art training in building and construction trades occupations. Additionally, apprenticeship programs pave the way for individuals working in the trades around the state to earn a good wage and health benefits for themselves and their families, as well as a pension for retirement after completing a series of temporary high-quality jobs that often lead to lifelong careers.
(d) Construction apprenticeship programs are governed by joint apprentice committees and training trust funds made up of an equal number of representatives from both labor and management who jointly fund these programs based on work hours.
(e) The utilization of
apprentices on public works construction projects is of critical importance to ensure continuous on-the-job training of aspiring skilled tradespersons, as well as to ensure the added benefits that apprenticeship provides, such as a livable wage and health and welfare.
6991.
(a) A state agency that enters into a public works contract under this division with an estimated value of not less than two hundred fifty thousand dollars ($250,000) shall decrease the bid amount of a bidder by 5 percent, for purposes of comparing the bid with competing bids, if the bidder is party to an apprenticeship agreement with an approved apprenticeship program. The lowest responsive and responsible bidder, taking the apprenticeship preference of this subdivision into consideration, shall be awarded the contract unless the solicitation provides for additional award criteria.(b) A contractor seeking a 5-percent bid decrease pursuant to this chapter, at the time of submission of a bid for a public works contract, shall furnish written
proof of approval to train apprentices by an approved apprenticeship program for each apprenticeable trade the contractor intends to employ on the public works project, signed under penalty of perjury.
(c) The contractor to which the contract is awarded as a result of the bid decrease shall employ registered apprentices in accordance with Section 1777.5 of the Labor Code, in addition to the standards of the applicable approved apprenticeship program.
(d) As used in this section:
(1) “Approved apprenticeship program” means a program approved pursuant to Section 3075 of the Labor Code.
(2) “Public works contract” has the same meaning as defined in Section 7103.5.
(3) “State agency” has the
same meaning as defined in Section 10335.7.
