AB 2021, as amended, Gordon. San Mateo County Transit District.
Existing law creates the San Mateo County Transit District with various powers and duties relative to transportation projects and services in the County of San Mateo. Existing law authorizes the district to utilize the Construction Manager/General Contractor project delivery contract method for transit projects within its jurisdiction, subject to certain conditions and requirements. Existing law requires the district to comply with certain prevailing wage requirements with respect to that contract method, which requirements are monitored and enforced by the Department of Industrial Relations, or alternatively to elect to enter into a collective bargaining agreement that binds all of the contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
This bill would additionally
authorize the district to meet its obligations under this provision by continuing to operate an existing previously approved labor compliance programbegin delete, subject toend deletebegin insert if it has not contracted with a 3rd party to conduct its labor compliance program and requests and receivesend insert approvalbegin delete ofend deletebegin insert fromend insert the Department of Industrial Relationsbegin delete, as specifiedend deletebegin insert to continue the existing programend insert.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 103396 of the Public Utilities Code is
2amended to read:
(a) Except as specified in subdivision (b), the district
4shall comply with subdivision (f) of Section 1771.5 of the Labor
5Code and shall reimburse the Department of Industrial Relations
6for its reasonable and directly related costs of performing prevailing
7wage monitoring and enforcement on public works projects
8pursuant to rates established by the department as set forth in
9subdivision (h) of Section 1771.5 of the Labor Code on projects
10using the CMGC project delivery method under this article. All
11moneys collected pursuant to this subdivision shall be deposited
12in the State Public Works Enforcement Fund, created by Section
131771.3 of the Labor Code, and shall be used only for enforcement
14of prevailing wage requirements on those projects.
15(b) In lieu of complying with subdivision (a), the district may
16eitherbegin insert (1)end insert elect to continue operating an existing previously
17approved labor compliance program to monitor and enforce
18prevailing wage requirements on the project if itbegin insert has not contracted
19with a third party to conduct its labor compliance program andend insert
20 requests and receives approval from the Department of Industrial
21Relations to continue the existing program orbegin insert (2)end insert enter into a
22collective bargaining agreement that binds all of the contractors
23performing work on the project and that includes a mechanism for
24
resolving disputes about the payment of wages.
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