BILL NUMBER: AB 1158	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2015

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 27, 2015

   An act to amend Section 21183 of the Public Resources Code,
relating to environmental quality, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1158, as amended, Campos. Jobs and Economic Improvement Through
Environmental Leadership Act of 2011: prevailing wage.
   Existing law establishes the Division of Labor Standards
Enforcement in the Department of Industrial Relations for the
enforcement of labor laws, including wage claims. Existing law
 assesses specified civil penalties on employers who fail to
pay their employees minimum wages.   generally requires
that not less than the general prevailing rate of per diem wages, as
specified, be paid to workers employed on a public work, as defined.
Existing law requires a contractor or subcontractor to forfeit to the
state or political subdivision on whose behalf a public work is
being performed a penalty, as provided and determined by the Labor
Commissioner, for violations of these prevailing wage provisions.

   The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report on a project that
it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA also requires
a lead agency to prepare a mitigated negative declaration for a
project that may have a significant effect on the environment if
revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would
have a significant effect on the environment.
   The Jobs and Economic Improvement Through Environmental Leadership
Act of 2011 authorizes the Governor, until January 1, 2016, to
certify projects for certain CEQA streamlining benefits if the
project meets certain conditions, including a condition that the
project creates high-wage, highly skilled jobs that pay prevailing
wages. Existing law requires the applicant of a project that is so
certified to include this wage condition in all contracts for the
performance of work for the project.
   This bill would specify that the above wage condition is subject
to enforcement by the Division of Labor Standards Enforcement. The
bill would make a project applicant who fails to pay, or fails to
ensure the payment of, prevailing wages subject to the  civil
 penalties for failure to pay  minimum 
 prevailing  wages  on a public work  .
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 21183 of the Public Resources Code is amended
to read:
   21183.  The Governor may certify a leadership project for
streamlining pursuant to this chapter if all the following conditions
are met:
   (a) The project will result in a minimum investment of one hundred
million dollars ($100,000,000) in California upon completion of
construction.
   (b) (1) The project creates high-wage, highly skilled jobs that
pay prevailing wages and living wages and provide construction jobs
and permanent jobs for Californians, and helps reduce unemployment.
For purposes of this subdivision, "jobs that pay prevailing wages"
means that all construction workers employed in the execution of the
project will receive at least the general prevailing rate of per diem
wages for the type of work and geographic area, as determined by the
Director of Industrial Relations pursuant to Sections 1773 and
1773.9 of the Labor Code. If the project is certified for
streamlining, the project applicant shall include this requirement in
all contracts for the performance of the work.
   (2) The condition set forth in paragraph (1) is a labor standard
subject to enforcement pursuant to Chapter 4 (commencing with Section
79) of Division 1 of the Labor Code.
   (3) A project applicant who fails to pay prevailing wages or fails
to ensure that prevailing wages are paid, as required pursuant to
paragraph (1), is subject to the  civil  penalties
set forth in Section  1197.1   1775  of the
Labor Code.
   (c) The project does not result in any net additional emission of
greenhouse gases, including greenhouse gas emissions from employee
transportation, as determined by the State Air Resources Board
pursuant to Division 25.5 (commencing with Section 38500) of the
Health and Safety Code.
   (d) The project applicant has entered into a binding and
enforceable agreement that all mitigation measures required pursuant
to this division to certify the project under this chapter shall be
conditions of approval of the project, and those conditions will be
fully enforceable by the lead agency or another agency designated by
the lead agency. In the case of environmental mitigation measures,
the applicant agrees, as an ongoing obligation, that those measures
will be monitored and enforced by the lead agency for the life of the
obligation.
   (e) The project applicant agrees to pay the costs of the 
Court   court  of  Appeal  
appeal  in hearing and deciding any case, including payment of
the costs for the appointment of a special master if deemed
appropriate by the court, in a form and manner specified by the
Judicial Council, as provided in the Rules of Court adopted by the
Judicial Council pursuant to  subdivision (f) of 
Section 21185.
   (f) The project applicant agrees to pay the costs of preparing the
administrative record for the project concurrent with review and
consideration of the project pursuant to this division, in a form and
manner specified by the lead agency for the project.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   To ensure that workers on a project certified by the Governor as
an environmental leadership development project receive the
prevailing wage appropriate for the type of work performed, as
required pursuant to Chapter 6.5 (commencing with Section 21178) of
Division 13 of the Public Resources Code, it is necessary for this
measure to take effect immediately.