BILL NUMBER: AB 2021	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2014

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 20, 2014

   An act to amend Section  103399   103396
 of the Public Utilities Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2021, as amended, Gordon. San Mateo County Transit District.
   Existing law creates the San Mateo County Transit District with
various powers and duties relative to transportation projects and
services in the County of San Mateo. Existing law authorizes the
district to utilize the Construction Manager/General Contractor
project delivery contract method for transit projects within its
jurisdiction, subject to certain conditions and requirements.
Existing law requires  a progress report to be prepared for
the district's board of directors upon the completion of a project
using this project delivery method, which report is also required to
be made available on the district's Internet Web site  
the district to comply with certain prevailing wage requirements with
respect to that contract   method, which requirements are
monitored and enforced by the Department of Industrial Relations, or
alternatively to elect to enter into a collective bargaining
agreement that binds all of the contractors performing work on the
project and that includes a mechanism for resolving disputes about
the payment of wages  .
   This bill would  require the report to be presented at a
public meeting of the board of directors   additionally
authorize the district to meet its obligations under this provision
by continuing to operate an existing previously approved labor
compliance program, subject to approval of the Department of
Industrial Relations, as specified  .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 103396 of the   Public
Utilities Code   is amended to read: 
   103396.  (a) Except as specified in subdivision (b), the district
shall comply with subdivision (f) of Section 1771.5 of the Labor Code
and shall reimburse the Department of Industrial Relations for its
reasonable and directly related costs of performing prevailing wage
monitoring and enforcement on public works projects pursuant to rates
established by the department as set forth in subdivision (h) of
Section 1771.5 of the Labor Code on projects using the CMGC project
delivery method under this article. All moneys collected pursuant to
this subdivision shall be deposited in the State Public Works
Enforcement Fund, created by Section 1771.3 of the Labor Code, and
shall be used only for enforcement of prevailing wage requirements on
those projects.
   (b) In lieu of complying with subdivision (a), the district may
 either  elect to  continue operating an existing
previously approved labor compliance program to monitor and enforce
prevailing wage requirements on the project if it requests and
receives approval from the Department of Industrial Relations to
continue the existing program or  enter into a collective
bargaining agreement that binds all of the contractors performing
work on the project and that includes a mechanism for resolving
disputes about the payment of wages. 
  SECTION 1.    Section 103399 of the Public
Utilities Code is amended to read:
   103399.  (a) Upon completion of a project using the CMGC project
delivery method, the district shall prepare a progress report to the
board of directors. The progress report shall include, but shall not
be limited to, all of the following information:
   (1) A description of the project.
   (2) The entity that was awarded the project.
   (3) The estimated and actual costs of the project.
   (4) The estimated and actual schedule for project completion.
   (5) A description of any written protests concerning any aspect of
the solicitation, bid, proposal, or award of the project, including,
but not limited to, the resolution of the protests.
   (6) An assessment of the prequalification process and criteria
utilized under this article.
   (7) A description of the method used to evaluate the bid or
proposal, including the weighting of each factor and an assessment of
the impact of this requirement on a project.
   (8) A description of any challenges or unexpected problems that
arose during the construction of the project and a description of the
solutions that were considered and ultimately implemented to address
those challenges and problems.
   (9) Recommendations to improve the CMCG project delivery method
authorized under this article.
   (b) The progress report shall be made available on the district's
Internet Web site and shall be presented at a public meeting of the
board of directors.