Bill Text: CA SB913 | 2017-2018 | Regular Session | Amended


Bill Title: Public works: City of Los Angeles: graffiti abatement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-04-13 - Set for hearing April 25. [SB913 Detail]

Download: California-2017-SB913-Amended.html

Amended  IN  Senate  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 913


Introduced by Senator Hertzberg

January 22, 2018


An act to amend Section 1782 of add and repeal Section 1720.5 of the Labor Code, relating to public works.


LEGISLATIVE COUNSEL'S DIGEST


SB 913, as amended, Hertzberg. Public works: charter cities. City of Los Angeles: graffiti abatement.
Existing law generally requires that not less than the general prevailing rate of per diem wages, as specified, be paid to workers employed on a public work, as defined. Existing law sets forth the penalties for a violation of this requirement. Existing law prohibits a charter city from receiving or using state funding or financial assistance for a construction project if the charter city has a charter that does not require, or the charter city has not required within the last 2 years, compliance with these provisions on a public works contract, as specified.

This bill would make technical, nonsubstantive changes to this provision.

This bill would exempt from the requirement to pay a prevailing wage of per diem wages, until January 1, 2024, graffiti abatement work performed pursuant to a contract between the City of Los Angeles and a nonprofit community-based organization if the work is performed by specified individuals.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1720.5 is added to the Labor Code, to read:

1720.5.
 This chapter shall not apply to graffiti abatement work performed pursuant to a contract between the City of Los Angeles and a nonprofit community-based organization if the work is performed by any of the following:
(a) A volunteer within the meaning of Section 1720.4.
(b) A volunteer coordinator within the meaning of Section 1720.4.
(c) An individual performing community service ordered by a court as a condition of probation.
(d) An individual enrolled in a bona fide preapprenticeship training program, as described in subdivision (e) of Section 14230 of the Unemployment Insurance Code, that meets all of the following criteria:
(1) The program is established pursuant to an agreement between the City of Los Angeles and a building trades apprenticeship program approved by the Division of Apprenticeship Standards.
(2) The program follows the multicraft core curriculum implemented by the State Department of Education for its pilot project with the California Partnership Academies and by the California Workforce Development Board and local boards.
(3) The program enrolls preapprentices for no longer than one year.
(4) The program provides pathways for continued employment after the preapprenticeship program is completed.
(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the City of Los Angeles to conduct graffiti abatement and support the work of nonprofit community-based organizations that support the work of volunteers, individuals on probation, and individuals participating in preapprenticeship programs.
SECTION 1.Section 1782 of the Labor Code is amended to read:
1782.

(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.

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