Jose Solorio
- Democratic
Author
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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 378, Statutes of 2011.
Enrolled and presented to the Governor at 3:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 27. Page 3190.).
Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.
From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 2.) (September 8).
Joint Rule 62(a), file notice suspended. (Page 3059.)
Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 10. Page 2353.).
In Assembly. Concurrence in Senate amendments pending.
From committee: That the measure be returned to the Senate floor for consideration. (Ayes 4. Noes 1.) (September 1).
Read second time. Ordered to third reading.
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.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 3.) (July 11).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 22). Re-referred to Com. on APPR.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 24. Page 1723.)
Read second time. Ordered to third reading.
From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27).
Read second time and amended. Ordered to second reading.
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 13). Re-referred to Com. on APPR.
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.
Re-referred to Com. on RLS. pursuant to Assembly Rule 96.
From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.
From printer. May be heard in committee March 17.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB436 | HTML |
| 02/14/11 - Introduced | |
| 02/28/11 - Amended Assembly | |
| 05/27/11 - Amended Assembly | |
| 08/30/11 - Amended Senate | |
| 09/20/11 - Enrolled | |
| 09/30/11 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.