Amended in Senate May 5, 2015

Senate Bill No. 581

Introduced by Senator Cannella

begin insert

(Principal coauthor: Senator Leyva)

end insert

February 26, 2015

An act to begin delete amend Section 65583 of the Government Code, relating to land use. end delete begin insert add Section 1720.8 to the Labor Code, relating to public contracts, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 581, as amended, Cannella. begin delete Land use: housing element. end delete begin insert Public contracts: prevailing wage. end insert

begin insert

Existing law defines “public works,” for purposes of regulating public works contracts, to include, 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 a violation of this requirement.

end insert begin insert

This bill would expand the definition of “public works,” for the purposes of the payment of prevailing wages, to also include any construction, alteration, demolition, installation, or repair work done under public or private contract that satisfies specified conditions related to the construction or maintenance of solar photovoltaic energy generating capacity, as prescribed.

end insert begin insert

Because the violation of prevailing wage requirements would result in the imposition of misdemeanor penalties, this bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert begin delete

The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. The law requires the housing element to contain specified information.

end delete begin delete

This bill would revise references to redevelopment agencies within those housing element provisions to instead refer to successor housing agencies and would make other nonsubstantive changes to the housing element requirement.

end delete

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1720.8 is added to the end insert begin insert Labor Code end insert begin insert , to
read: end insert

begin insert

begin insert 1720.8. end insert   

For the limited purposes of Article 2 (commencing
with Section 1770), “public work” also means any construction,
alteration, demolition, installation, or repair work done under
public or private contract when the following conditions exist:

(a) The work is performed in connection with the construction
or maintenance of solar photovoltaic energy generating capacity.

(b) (1) The contracted installer, or a subcontracted entity of
the contracted installer, receives benefits from any state or local
program incentivizing the construction of photovoltaic energy
generating capacity, including, but not limited to, Net Energy
Metering, the California Solar Initiative, the New Solar Homes
Partnership, the Single-Family Affordable Solar Homes Program,
the Multifamily Affordable Solar Housing Program, and the
Self-Generation Incentive Program.

(2) For the purposes of this subdivision, “benefits” means funds,
rebates, subsidies, loans, credits, or other financial assistance
derived from public moneys.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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:

end insert begin insert

In order to ensure that affected workers are paid the prevailing
wage as soon as possible, it is necessary that this act take effect
immediately.

end insert

All matter omitted in this version of the bill appears in the bill as introduced in the Senate February 26, 2015. (JR11)