AB 436 — Public works: labor compliance.

Summary

Existing law authorizes the awarding body for a public works project to not require the payment of the general prevailing rate of per diem wages on public works projects of specified sizes and types of work, if the awarding body elects to initiate and enforce a labor compliance program containing specified requirements for every public works project under the authority of the awarding body or the awarding body elects to meet certain requirements with regard to any public works project under its authority, including payment of a fee to the Department of Industrial Relations for the enforcement of prevailing wage obligations, as specified, which may be waived under specified circumstances, determined by the department and deposited in the State Public Works Enforcement Fund. Existing law also requires the Director of Industrial Relations, with the approval of the Director of Finance, to assess a fee on any awarding body using funds derived from any bonds issued by the state to fund public works projects, as specified, which are deposited in the State Public Works Enforcement Fund, a continuously appropriated fund. Existing law also requires an awarding body that chooses to use funds derived from either the Kindergarten-University Public Education Facilities Bond Act of 2002 or the Kindergarten-University Public Education Facilities Bond Act of 2004, or the body awarding any contract for a public works project financed in any part with funds made available by the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 or the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, to pay a fee to the department sufficient to support the department's costs in ensuring compliance with and enforcing prevailing wage requirements on the project and labor compliance enforcement, as specified, to be deposited in the State Public Works Enforcement Fund. Existing law authorizes the department to waive the fee where specified criteria are met. Existing law gives specified authority for certain school district governing boards, governing boards of community college districts and community college facility construction projects, cities, counties, qualified entities that operate a wastewater facility, solid waste management facility, or water recycling facility, transit operators, and unified school districts to enter into design-build contracts for specified projects if certain requirements are met, including the establishment and enforcement of a labor compliance program or the contracting with a 3rd party to operate a labor compliance program. Existing law gives specified authority for the San Diego Model School Development Agency to award construction contracts, as specified, and requires it to establish and enforce a labor compliance program or to contract with a 3rd party to operate a labor compliance program. Existing law requires entities contracting under the above provisions to pay a fee to the department, established by the department as specified, sufficient to support the department's costs in ensuring compliance with and enforcing prevailing wage requirements on the project and labor compliance. Existing law requires all fees collected pursuant to these provisions to be deposited in the State Public Works Enforcement Fund and to be used only for enforcement of prevailing wage requirements on those projects and authorizes the department to waive the fee if specified criteria are met. This bill would make revisions regarding the method by which the Department of Industrial Relations sets reimbursement rates for its costs of performing prevailing wage monitoring and enforcement on the specified public works projects described above, when the reimbursement to the department may be waived, and would exempt from the above-described requirements those public works projects financed in any part by the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. This bill would also provide that, upon an order of the Director of Finance, a loan in an amount not to exceed $4,300,000 shall be made from the Uninsured Employers Benefit Trust Fund to the State Public Works Enforcement Fund, thereby depositing additional moneys into a continuously appropriated fund.

Bill Text

• Chaptered 09/30/11 - Chaptered Current pdf September 30, 2011
• Enrolled 09/20/11 - Enrolled pdf September 20, 2011
• Amended 08/30/11 - Amended Senate pdf August 30, 2011
• Amended 05/27/11 - Amended Assembly pdf May 27, 2011
• Amended 02/28/11 - Amended Assembly pdf February 28, 2011
• Introduced 02/14/11 - Introduced pdf February 14, 2011
• AB436 View text html

Action History

1. September 30, 2011

   Chaptered by Secretary of State - Chapter 378, Statutes of 2011.

2. September 30, 2011

   Approved by the Governor.

3. September 23, 2011

   Enrolled and presented to the Governor at 3:30 p.m.

4. September 09, 2011

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 27. Page 3190.).

5. September 08, 2011

   From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 2.) (September 8).

6. September 08, 2011

   Joint Rule 62(a), file notice suspended. (Page 3059.)

7. September 08, 2011

   Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.

8. September 07, 2011

   In Assembly. Concurrence in Senate amendments pending.

9. September 07, 2011

   Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 10. Page 2353.).

10. September 01, 2011

    From committee: That the measure be returned to the Senate floor for consideration. (Ayes 4. Noes 1.) (September 1).

11. August 31, 2011

    From committee: Be re-referred to Com. on L. & I.R. pursuant to Senate Rule 29.10. (Ayes 3. Noes 0.) Re-referred to Com. on L. & I.R.

12. August 31, 2011

    Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

13. August 31, 2011

    Read second time. Ordered to third reading.

14. August 30, 2011

    Read third time and amended. Ordered to second reading.

15. July 13, 2011

    Read second time. Ordered to third reading.

16. July 12, 2011

    From committee: Do pass. (Ayes 6. Noes 3.) (July 11).

17. June 23, 2011

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 22). Re-referred to Com. on APPR.

18. June 20, 2011

    In committee: Set, first hearing. Hearing canceled at the request of author.

19. June 08, 2011

    Referred to Com. on L. & I.R.

20. June 01, 2011

    In Senate. Read first time. To Com. on RLS. for assignment.

21. June 01, 2011

    Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 24. Page 1723.)

22. May 31, 2011

    Read second time. Ordered to third reading.

23. May 27, 2011

    Read second time and amended. Ordered to second reading.

24. May 27, 2011

    From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27).

25. May 04, 2011

    In committee: Set, first hearing. Referred to APPR. suspense file.

26. April 14, 2011

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 13). Re-referred to Com. on APPR.

27. April 04, 2011

    From committee: Be re-referred to Com. on L. & E. Re-referred. (Ayes 9. Noes 0.) (April 4). Re-referred to Com. on L. & E.

28. March 25, 2011

    Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

29. March 01, 2011

    Re-referred to Com. on INS.

30. February 28, 2011

    From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

31. February 24, 2011

    Referred to Com. on INS.

32. February 15, 2011

    From printer. May be heard in committee March 17.

33. February 14, 2011

    Read first time. To print.

Sponsors

• Padilla · Cosponsor
• Solorio · Primary

Votes

Subjects