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 of “public works” for these purposes to include thebegin delete delivery of ready-mixed or asphaltic concreteend deletebegin insert hauling and
delivery of ready-mixed concrete, as defined, to carry out a public works contract,end insert with respect to contracts involving any state agency or any political subdivision of the state.begin delete Thisend deletebegin insert The bill would require the applicable prevailing wage rate to be the rate for the geographic area in which the concrete factory or batching plant is located. Theend insert bill would provide thatbegin delete the expansion of that definition doesend deletebegin insert these provisions doend insert not apply to contracts advertised for bid or awarded prior to the effective datebegin delete that provision.end deletebegin insert
of this measure.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 deleteThis 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 deleteThe 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
6the hauling and delivery of ready-mixed concrete or asphaltic
7concrete 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
P3 1of refuse” shall not include the hauling of
recyclable metals such
2as copper, steel, and aluminum that have been separated from other
3materials at the jobsite prior to transportation and that are to be
4sold at fair market value to a bona fide purchaser.
5(c) For the purposes of this section, the “hauling and delivery
6of ready-mixed concrete or asphaltic concrete to a public works
7site” means the job duties for a ready mixer driver that are used
8by the Director of Industrial Relations in determining wage rates
9pursuant to Section 1773.
Section 1722.1 of the Labor Code is amended to read:
For the purposes of this chapter, “contractor” and
12“subcontractor” include a contractor, subcontractor, licensee,
13officer, agent, or representative thereof, acting in that capacity,
14when working on public works pursuant to this article and Article
152 (commencing with Section 1770). A person or entity may be a
16“contractor” or “subcontractor” for the purposes of this chapter
17regardless of whether the person or entity is subject to the licensing
18requirements of Chapter 9 (commencing with Section 7000) of
19Division 3 of the Business and Professions Code.
Section 1722.2 is added to the Labor Code, to read:
For the purposes of this chapter, an agreement with a
22contractor or subcontractor to perform any public work covered
23by this article and Article 2 (commencing with Section 1770) of
24this chapter is a “contract” or “subcontract.”
begin insertSection 1720.9 is added to the end insertbegin insertLabor Codeend insertbegin insert, to
26read:end insert
(a) For the limited purposes of Article 2 (commencing
28with Section 1770), “public works” also means the hauling and
29delivery of ready-mixed concrete to carry out a public works
30contract, with respect to contracts involving any state agency,
31including the California State University and the University of
32California, or any political subdivision of the state.
33(b) For purposes of this section, “ready-mixed concrete” means
34concrete that is manufactured in a factory or a batching plant,
35according to a set recipe, and then delivered in a liquefied state
36by mixer truck for immediate incorporation into a project.
37(c) For purposes of this section, the “hauling and delivery of
38
ready-mixed concrete to carry out a public works contract” means
39the job duties for a ready mixer driver that are used by the director
40in determining wage rates pursuant to Section 1773, and includes
P4 1receiving the concrete at the factory or batching plant and the
2return trip to the factory or batching plant.
3(d) For purposes of this section, the applicable prevailing wage
4rate shall be the current prevailing wage, as determined by the
5director, for the geographic area in which the factory or batching
6plant is located.
7(e) The entity hauling or delivering ready-mixed concrete to
8carry out a public works contract shall enter into a written
9subcontract agreement with the party that engaged the entity to
10supply the ready-mixed concrete. The written agreement shall
11require compliance with the requirements of this chapter.
12(f) The entity hauling or delivering ready-mixed concrete to
13carry out a public works contract shall submit a certified copy of
14the payroll records required by subdivision (a) of Section 1776 to
15the party that engaged the entity and to the general contractor
16within three working days after the employee has been paid,
17accompanied by a written time record that shall be certified by
18each driver for the performance of job duties in subdivision (c).
The amendments made by Section 1 of this act do
begin insertThis act does end insertnot apply to contracts advertised for bid
21or awarded prior to the effective date ofbegin delete thisend deletebegin insert theend insert act.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.
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