BILL NUMBER: AB 125	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Solorio

                        JANUARY 10, 2011

   An act to add Section 1720.5 to the Labor Code, relating to public
works.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 125, as introduced, Solorio. Public works: prevailing wages.
   Existing law defines "public works," for purposes of regulating
public works contracts, as, among other things, construction,
alteration, demolition, installation, or repair work done under
contract and paid for, in whole or in part, out of public funds.
Existing law further requires that, except as specified, not less
than the general prevailing rate of per diem wages be paid to workers
employed on public works and imposes misdemeanor penalties for a
violation of this requirement. Existing law provides that for the
purposes of provisions of law relating to the payment of prevailing
wages, "public works" includes specified types of construction,
alteration, demolition, installation, and repair work.
   This bill would revise the definition of "public works" for these
purposes to include the construction, alteration, demolition,
installation, and repair work done under private contract when
specified conditions are met, including the requirement that the work
is performed in connection with the construction or maintenance of
renewable energy generation capacity, located on property wholly or
partially owned by a school district or community college district,
or on public property, specifically to serve a school district or
community college district.
   Because the violation of prevailing wage requirements by local
public entities when engaged in these public works projects would
result in the imposition of misdemeanor penalties, this bill would
impose a state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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.  For the limited purposes of Article 2 (commencing with
Section 1770), "public works" also means the construction,
alteration, demolition, installation, and repair work done under
private contract when both of the following conditions are met:
   (a) The work is performed in connection with the construction or
maintenance of renewable energy generation capacity, located on
property wholly or partially owned by a school district or community
college district, or on public property, specifically to serve a
school district or community college district.
   (b) The work is performed in connection with a long-term
arrangement for the purchase of partially or fully exported power by
or for the benefit of the school district or community college
district. For purposes of this section, a "long-term arrangement"
means an arrangement that will last at least five years.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.