Amended in Senate June 15, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 852


Introduced by Assembly Member Burke

(Coauthors: Assembly Membersbegin delete Roger Hernándezend deletebegin insert Dodd, Gonzalez, Rogerend insertbegin insert Hernández,end insert and McCarty)

February 26, 2015


An act to add Section 1720.7 to the Labor Code, relating to public works.

LEGISLATIVE COUNSEL’S DIGEST

AB 852, as amended, Burke. Public works: prevailing wages.

Existing law defines “public works,” for the purposes of regulating public works contracts, as, 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. Existing law further requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for abegin insert willfulend insert violation of this requirement.

This bill would expand the definition of “public works,” for the purposes of provisions relating to the prevailing rate of per diem wages, to also include any construction, alteration, demolition, installation, or repair work done under private contract on abegin insert project for aend insert general acute care hospital,begin delete as defined,end deletebegin insert except on a project for a rural general acute care hospital with a maximum of 76 beds,end insert when the project is paid for, in whole or in part, with the proceeds of conduit revenue bonds, as defined, that were issued on or after January 1, 2016.

Because thebegin insert willfulend insert violation of prevailing wage requirements when engaged in these public works projects would result in the imposition of misdemeanor penalties, this bill would impose a state-mandated local program.

The 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:

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SECTION 1.  

Section 1720.7 is added to the Labor Code, to
2read:

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1720.7.  

For the limited purposes of Article 2 (commencing
4with Section 1770) of this chapter, “public works” also means any
5construction, alteration, demolition, installation, or repair work
6done under private contract on abegin insert project for a end insert general acute care
7begin delete hospitalend deletebegin insert hospital, except on a project for a rural general acute
8care hospital with a maximum of 76 beds,end insert
when the project is paid
9for, in whole or in part, with the proceeds of conduit revenue bonds,
10as defined in Section 5870 of the Government Code, issued on or
11after January 1, 2016, by a public agency. For purposes of this
12section, “general acute care hospital”begin delete hasend deletebegin insert and “rural general acute
13care hospital” haveend insert
the same meaning asbegin insert each term isend insert defined in
14subdivision (a) of Section 1250 of the Health and Safety Code.

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SEC. 2.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



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