BILL NUMBER: AB 356	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 10, 2011

   An act to add Section 53087.7 to  , and to add Chapter 13
(commencing with Section 4590) to Division 5 of Title 1 of, 
the Government Code, relating to public works projects.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 356, as amended, Hill. Public works projects: local hiring
policies.
   Existing law authorizes state agencies to enter into public works
projects, as defined, and imposes various requirements with respect
to the contracting and bidding process. 
   This bill would exempt any public works project that is funded, in
whole or in part, with state funds from a policy imposed by a local
agency that mandates that any portion or percentage of project work
hours be performed by local residents. 
   This bill would  also  prohibit any local agency,
as defined, from mandating that any portion or percentage of work on
a public works project be performed by local residents  or
persons   residing within particular geographic areas 
if any portion of that public works project will take place outside
the geographical boundaries of the local agency.  The bill would
also require a local agency to fund any increase in cost of a public
works project that is located entirely within the geographical
boundaries of the local agency where the public works project is
funded with state funds and the local agency implements a local
resident hiring policy, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Chapter 13 (commencing with Section
4590) is added to Division 5 of Title 1 of the Government Code, to
read:
      CHAPTER 13.  LOCAL HIRING POLICY EXEMPTION FOR STATE-FUNDED
PUBLIC WORKS PROJECTS


   4590.  As used in this chapter, the following terms have the
following meanings, unless the context otherwise requires:
   (a) "Local agency" means a city, county, or any other local public
agency.
   (b) "Local resident" means an individual who is domiciled, as
defined in Section 349 of the Elections Code, within the jurisdiction
of the local agency.
   (c) "Public works project" means the acquisition and improvement
of sites, construction, modification, and alteration of public
buildings, airports, water supply systems, and other publicly owned
and operated facilities.
   4591.  A public works project that is funded, in whole or in part,
entirely or partially funded with state funds shall be exempt from a
policy imposed by a local agency that mandates that any portion or
percentage of project work hours be performed by local residents.

   SEC. 2.   SECTION 1.   Section 53087.7
is added to the Government Code, to read:
   53087.7.  (a) As used in this section, the following terms have
the following meanings, unless the context otherwise requires:
   (1) "Local agency" means a city, county, city and county, or any
other local public agency.
   (2) "Local resident" means an individual who is domiciled, as
defined in Section 349 of the Elections Code, within the jurisdiction
of the local agency.
   (3) "Public works project" means the acquisition and improvement
of sites, construction, modification, and alteration of public
buildings, airports, water supply systems, and other publicly owned
and operated facilities.
   (b) A local agency shall not mandate that any portion or
percentage of work on a public works project be performed by local
residents  or persons who reside within particular geographic
areas  if any portion of that public works project will take
place outside the geographical boundaries of the local agency. 
   (c) If a local agency receives funding from the state for a public
works project located entirely within the geographical boundaries of
the local agency, and the local agency implements a policy of hiring
only local residents, any increase in the cost of the public works
project that is attributable to the local resident hiring policy
shall be funded with local funds.