BILL ANALYSIS Ó AB 26 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 26 (Bonilla) As Amended June 16, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: | |(May 30, 2013) |SENATE: |26-8 |(August 7, | | | | | | |2014) | ----------------------------------------------------------------- (vote not relevant) Original Committee Reference: NAT. RES. SUMMARY : Clarifies that work performed during the postconstruction phases of construction on a public works project, including all cleanup work at the jobsite, is considered part of the project and should be compensated at the prevailing wage rate. The Senate amendments delete the Assembly version of this bill and instead revise the definition of "construction" for purposes of public works projects to also include work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. EXISTING LAW defines the term "public works" to include, 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. "Construction" also includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work. AS PASSED BY THE ASSEMBLY , this bill enacted various provisions related to projects funded from the Greenhouse Gas Reductions Fund and related curriculum. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : This bill was substantially amended in the Senate and the Assembly-approved provisions of this bill were deleted. In a 2009 decision by the director of the Department of Industrial Relations (DIR), who is responsible for making the AB 26 Page 2 prevailing wage determinations, regarding whether or not cleanup work was part of the construction project and therefore subject to the prevailing wage payment appears to indicate that the department has deemed this work as part of the project and therefore subject to prevailing wage. (Harbor Construction Co., Inc. vs. Antelope Valley Union High School District, Case No: 09-0095-CPR) In his decision, the director of DIR stated that, "Contrary to Harbor's argument, the janitorial exception to maintenance work has no applicability where the root obligation to pay prevailing wages is found in section 1772, and 1774. The janitorial exception only applies to contracts let solely for maintenance work and not to cleaning work performed as a requirement of a broader public works contract." Although the director's interpretation of the applicability of prevailing wage requirements on clean-up work at a public works project seems to address the ambiguity, there needs to be clarity in the labor code to ensure consistency in its applicability. This bill would clarify that, for purposes of public works projects, "construction" work also includes work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. According to the author, prevailing wage laws were enacted to ensure skilled construction workers on public works projects are paid at least the wages and benefits that prevail in their local communities. Unfortunately, proponents argue, this bill is necessary to address a problem that has persisted on public works projects that has allowed dishonest contractors to side-step prevailing wage law when it comes to the final cleanup work on a public works project. The author argues that while the general prevailing wage determination includes "all final cleanup of debris, grounds, and buildings near the completion of the project," state law does not specify that this work is included within the definition of "public works." According to the author, the lack of clarity has resulted in some public works employees performing cleanup work but not receiving a prevailing wage for that work. Further, the author contends that the discrepancy in pay compromises the quality of projects and restricts workers' ability to enter the middle-class. Additionally, proponents argue that the lack of conformity makes it difficult for contractors who pay prevailing wages to submit competitive bids AB 26 Page 3 for public works projects. This bill seeks to remedy this issue by including work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at a jobsite within the definition of "public works." Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091 FN: 0004167