California 2017-2018 Regular Session Status: In Committee

AB 3073 — Investor-owned utilities: contracting.

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

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires a direct contractor that is awarded a public works contract involving an expenditure greater than $25,000 to give a payment bond to, and approved by, the officer or public entity by whom the contract was awarded, and authorizes specified persons that have not been paid in full to assert a claim against a payment bond, subject to specified procedures. This bill would also require a direct contractor that is awarded a contract for a project of an investor-owned utility that is subject to the Subletting and Subcontracting Fair Practices Act provisions described below to give a payment bond to, and approved by, the investor-owned public utility, and would make other conforming changes to that effect. (2) Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except for specified exceptions, including for work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. Existing law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. This bill would expand the term "public work" to include a project of an investor-owned utility that is subject to the Subletting and Subcontracting Fair Practices Act provisions described below, and would make conforming changes to that effect. The bill would require an investor-owned utility awarding a contract of that nature to specify, in the call for bids of that contract and in the bid specifications, certain information related to the prevailing rate of wages applicable to the project. By expanding the definition of "public works," the bill would expand the scope of an existing crime, and would thereby impose a state-mandated local program. (3) Existing law, the Subletting and Subcontracting Fair Practices Act, among other things, requires an entity taking bids for the construction of any public work or improvement to specify that any person making a bid or offer to perform the work shall, in his or her bid or offer, include specified information, including the name, contractor license number, and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the work or improvement. The Subletting and Subcontracting Fair Practices Act imposes related requirements on contracts subject to its provisions, including prohibiting a prime contractor whose bid is accepted by an awarding authority from substituting a person as subcontractor in place of the subcontractor listed in the original bid, except as provided. The Subletting and Subcontracting Fair Practices Act requires specified declarations related to objections to substitutions of a subcontractor, in the case of an inadvertent clerical error, to be submitted under penalty of perjury. Existing law defines a "skilled and trained workforce" to mean a workforce that meets certain conditions, including specified apprenticeship graduation requirements, for when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project. This bill would require a project of an investor-owned utility that exceeds $100,000 to comply with the requirements of the Subletting and Subcontracting Fair Practices Act. By requiring subcontractors on projects of an investor-owned utility subject to this act to submit the declarations described above under penalty of perjury, this bill would impose a state-mandated local program. The bill would require specified notices, bids, subcontractor lists, or other written documents that are required to be submitted to an investor-owned utility to also be submitted to the Public Utilities Commission. The bill would require an investor-owned utility for a project that is subject to these provisions to solicit bids in writing and to award the work to the lowest responsible bidder or reject all bids. The bill would require the investor-owned utility to include specified information in the bid solicitation. The bill would require an investor-owned utility to provide an enforceable commitment to the investor-owned utility that the contractor and subcontractors at every tier will use a skilled and trained workforce to perform all work on the public works contract subject to this chapter that falls within an apprenticeship occupation in the building and construction trades, subject to certain requirements and procedures that are similar to existing skilled and trained workforce requirements, including that the investor-owned utility enter into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce. The bill would require the Public Utilities Commission to require all investor-owned utilities to report compliance with the skilled and trained workforce requirements, and would authorize the commission to grant exceptions or delays from compliance only if 2 requirements are met. 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.

Bill Text

Action History

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

  2. Re-referred to Com. on L. & E.

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

  4. Referred to Coms. on L. & E. and U. & E.

  5. From printer. May be heard in committee March 19.

  6. Read first time. To print.

Sponsors

  • Low · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Low

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor technology
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Frequently asked questions

What does AB 3073 do?
(1) Existing law requires a direct contractor that is awarded a public works contract involving an expenditure greater than $25,000 to give a payment bond to, and approved by, the officer or public entity by whom the contract was awarded, and authorizes specified persons that have not been paid in full to assert a claim against a payment bond, subject to specified procedures. This bill would also require a direct contractor that is awarded a contract for a project of an investor-owned utility that is subject to the Subletting and Subcontracting Fair Practices Act provisions described below to give a payment bond to, and approved by, the investor-owned public utility, and would make other conforming changes to that effect. (2) Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except for specified exceptions, including for work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. Existing law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. This bill would expand the term "public work" to include a project of an investor-owned utility that is subject to the Subletting and Subcontracting Fair Practices Act provisions described below, and would make conforming changes to that effect. The bill would require an investor-owned utility awarding a contract of that nature to specify, in the call for bids of that contract and in the bid specifications, certain information related to the prevailing rate of wages applicable to the project. By expanding the definition of "public works," the bill would expand the scope of an existing crime, and would thereby impose a state-mandated local program. (3) Existing law, the Subletting and Subcontracting Fair Practices Act, among other things, requires an entity taking bids for the construction of any public work or improvement to specify that any person making a bid or offer to perform the work shall, in his or her bid or offer, include specified information, including the name, contractor license number, and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the work or improvement. The Subletting and Subcontracting Fair Practices Act imposes related requirements on contracts subject to its provisions, including prohibiting a prime contractor whose bid is accepted by an awarding authority from substituting a person as subcontractor in place of the subcontractor listed in the original bid, except as provided. The Subletting and Subcontracting Fair Practices Act requires specified declarations related to objections to substitutions of a subcontractor, in the case of an inadvertent clerical error, to be submitted under penalty of perjury. Existing law defines a "skilled and trained workforce" to mean a workforce that meets certain conditions, including specified apprenticeship graduation requirements, for when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project. This bill would require a project of an investor-owned utility that exceeds $100,000 to comply with the requirements of the Subletting and Subcontracting Fair Practices Act. By requiring subcontractors on projects of an investor-owned utility subject to this act to submit the declarations described above under penalty of perjury, this bill would impose a state-mandated local program. The bill would require specified notices, bids, subcontractor lists, or other written documents that are required to be submitted to an investor-owned utility to also be submitted to the Public Utilities Commission. The bill would require an investor-owned utility for a project that is subject to these provisions to solicit bids in writing and to award the work to the lowest responsible bidder or reject all bids. The bill would require the investor-owned utility to include specified information in the bid solicitation. The bill would require an investor-owned utility to provide an enforceable commitment to the investor-owned utility that the contractor and subcontractors at every tier will use a skilled and trained workforce to perform all work on the public works contract subject to this chapter that falls within an apprenticeship occupation in the building and construction trades, subject to certain requirements and procedures that are similar to existing skilled and trained workforce requirements, including that the investor-owned utility enter into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce. The bill would require the Public Utilities Commission to require all investor-owned utilities to report compliance with the skilled and trained workforce requirements, and would authorize the commission to grant exceptions or delays from compliance only if 2 requirements are met. 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.
Who sponsors AB 3073?
AB 3073 is sponsored by Low.
What is the current status of AB 3073?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 3073?
Track AB 3073 free on One Click Politics — get push/email alerts when it moves.

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