BILL NUMBER: SB 278	CHAPTERED
	BILL TEXT

	CHAPTER  892
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2002
	PASSED THE SENATE  AUGUST 30, 2002
	PASSED THE ASSEMBLY  AUGUST 26, 2002
	AMENDED IN ASSEMBLY  AUGUST 15, 2002
	AMENDED IN ASSEMBLY  JUNE 26, 2001
	AMENDED IN ASSEMBLY  JUNE 14, 2001
	AMENDED IN SENATE  APRIL 17, 2001
	AMENDED IN SENATE  MARCH 28, 2001

INTRODUCED BY   Senator Machado
   (Principal coauthor:  Assembly Member Hertzberg)

                        FEBRUARY 16, 2001

   An act to add  Section 1771.8 to the Labor Code, relating to
public works.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 278, Machado.   Public works project:  Water Security, Clean
Drinking Water, Coastal and Beach Protection Act of 2002.
   Existing law, with certain exceptions, requires the payment of not
less than the general prevailing rate of per diem wages for work of
a similar character in the locality in which a public works project
is performed to all workers employed on that public works project.
Existing law provides that the body awarding any contract for certain
public works projects is prohibited from requiring the payment of
the general prevailing rate of per diem wages if the awarding body
elects to adopt and enforce a prescribed labor compliance program
relating to the payment of general prevailing rate wages and related
laws.
   The Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002, if approved by the voters at the November 5,
2002, statewide general election, would authorize, for the purposes
of financing a safe drinking water, water quality, and water
reliability program, the issuance of bonds in the amount of
$3,440,000,000.
   This bill would require the body awarding any contract for a
public works project financed with funds made available by the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002, if that initiative measure is approved by the voters, to adopt
and enforce that above-mentioned labor compliance program for
application to that public works project.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Payment of the prevailing rate of per diem wages to workers
employed on public works projects is necessary to attract the most
skilled workers for those projects and to ensure that work of the
highest quality is performed on those projects.
   (2) Public works projects should never undermine the wage base in
a community, and requiring that workers on public works projects are
paid the prevailing rate of per diem wages ensures that wage base is
not lowered.
   (3) It is a matter of statewide concern that every public agency
in California pay the prevailing rate of per diem wages to workers
employed on public works projects undertaken by those public
agencies.
   (b) Therefore, it is the intent of the Legislature, in enacting
Section 2 of this act, that every public agency in California pay the
prevailing rate of per diem wages to workers employed on public
works projects undertaken by that public agency.
  SEC. 2.  Section 1771.8 is added to the Labor Code, to read:
   1771.8.  (a) The body awarding any contract for a public works
project financed in any part with funds made available by the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002 (Division 26.5 (commencing with Section 79500) of the Water
Code) shall adopt and enforce, or contract with a third party to
adopt and enforce, a labor compliance program pursuant to subdivision
(b) of Section 1771.5 for application to that public works project.

   (b) This section shall become operative only if the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002 (Division 26.5 (commencing with Section 79500) of the Water
Code) is approved by the voters at the November 5, 2002, statewide
general election.