AB 219, as amended, Daly. Public works: concrete delivery.
Existing law defines “public works,” for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling of refuse from a public works site to an outside disposal location with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state. Existing law makes a willful violation of law relating to payment of prevailing wages on public works a misdemeanor.
This bill would expand the definition ofbegin delete “public works,”end deletebegin insert “public worksend insertbegin insert”end insert
for these purposes to include the delivery of ready-mixedbegin insert or asphalticend insert concrete with respect to contracts involving any state agency or any political subdivision of the state.begin insert This bill would provide that the expansion of that definition does not apply to contracts advertised for bid or awarded prior to the effective date that provision.end insert By expanding the definition of a crime, this bill would impose a state-mandated local program.
Existing law defines “contractor” and “subcontractor,” for purposes of requirements regarding the payment of prevailing wages for public works projects, to include a contractor, subcontractor, licensee, officer, agent, or representative thereof, when working on public works, as specified. Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors by the Contractors’ State License Board.
end insertbegin insertThis bill would provide that a person is a “contractor” or “subcontractor” for the purposes of those requirements regardless of whether the person is subject to the requirements of the Contractors’ State License Law. This bill would provide that an agreement with a contractor or a subcontractor to perform a public work is a “contract” or “subcontract” for the purposes of requirements regarding the payment of prevailing wages described above.
end insertThe 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 1720.3 of the Labor Code is amended to
2read:
(a) For the limited purposes of Article 2 (commencing
4with Section 1770), “public works” also means the hauling of
5refuse from a public works site to an outside disposal location, or
6thebegin insert hauling andend insert delivery of ready-mixed concretebegin insert or asphaltic
7concreteend insert to a public works site, with respect to contracts involving
8any state agency, including the California State University and the
9University of California, or any political subdivision of the state.
10(b) For purposes of this section, the “hauling of refuse”
includes,
11but is not limited to, hauling soil, sand, gravel, rocks, concrete,
12asphalt, excavation materials, and construction debris. The “hauling
13of refuse” shall not include the hauling of recyclable metals such
14as copper, steel, and aluminum that have been separated from other
15materials at the jobsite prior to transportation and that are to be
16sold at fair market value to a bona fide purchaser.
17(c) For the purposes of this section, the “hauling and delivery
18of ready-mixed concrete or asphaltic concrete to a public works
19site” means the job duties for a ready mixer driver that are used
P3 1by the Director of Industrial Relations in determining wage rates
2pursuant to Section 1773.
begin insertSection 1722.1 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
For the purposes of this chapter, “contractor” and
5“subcontractor” include a contractor, subcontractor, licensee,
6officer, agent, or representative thereof, acting in that capacity,
7when working on public works pursuant to this article and Article
82 (commencing with Section 1770).begin insert A person or entity may be a
9“contractor” or “subcontractor” for the purposes of this chapter
10regardless of whether the person or entity is subject to the licensing
11requirements of Chapter 9 (commencing with Section 7000) of
12Division 3 of the Business and Professions Code.end insert
begin insertSection 1722.2 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert
begin insertFor the purposes of this chapter, an agreement with
15a contractor or subcontractor to perform any public work covered
16by this article and Article 2 (commencing with Section 1770) of
17this chapter is a “contract” or “subcontract.”
begin insertThe amendments made by Section 1 of this act do not
19apply to contracts advertised for bid or awarded prior to the
20effective date of this act.end insert
No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.
O
98