SB 1412

Bill Subjects

Abstract

Existing law establishes requirements that apply 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. Existing law also authorizes a public entity to require that a bidder, contractor, or other entity use a skilled and trained workforce to complete a contract or project, regardless of whether the public entity is required to do so by a statute or regulation. This bill would require a public entity, if contractors and subcontractors are required to use a skilled and trained workforce on a project, to use, or require the use of, a prescribed prequalification procedure to determine eligibility for bidding and contract awards. The bill would require contractors and subcontractors to certify to the public entity that they meet the prequalification requirements. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would authorize an interested party, including a labor organization that represents workers in the relevant labor market area, to file a petition for a writ of mandate to compel a public agency to comply with its obligations under existing law and the bill if the public entity has failed to do so, if certain requirements for notice and an opportunity to respond or cure have been 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.