California Assembly Bill AB436 Amended / Bill

 BILL NUMBER: AB 436AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 27, 2011 AMENDED IN ASSEMBLY FEBRUARY 28, 2011 INTRODUCED BY Assembly Member Solorio FEBRUARY 14, 2011 An act to add Section 1720.5 to the Labor Code, relating to public works. LEGISLATIVE COUNSEL'S DIGEST AB 436, as amended, Solorio. Public works: prevailing wages. Existing law defines "public works," for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law further requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a violation of this requirement. Existing law provides that for the purposes of provisions of law relating to the payment of prevailing wages, "public works" includes specified types of construction, alteration, demolition, installation, and repair work. This bill would revise the definition of "public works" for these purposes to include the construction, alteration, demolition, installation, and repair work done under private contract when  specified conditions are met, including the requirement that  the work is performed in connection with the construction or maintenance of renewable energy generation capacity, located on property wholly or partially owned by a school district or community college district, or on public property, specifically to serve a school district or community college district. Because the violation of prevailing wage requirements by local public entities when engaged in these public works projects would result in the imposition of misdemeanor penalties, this bill would impose a state-mandated local program. 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1720.5 is added to the Labor Code, to read: 1720.5. For the limited purposes of Article 2 (commencing with Section 1770), "public works" also means the construction, alteration, demolition, installation, and repair work done under private contract when  both of the following conditions are met:   (a)     The   the  work is performed in connection with the construction or maintenance of renewable energy generation capacity, located on property wholly or partially owned by a school district or community college district, or on public property, specifically to serve a school district or community college district.  (b) The work is performed in connection with a long-term arrangement for the purchase of partially or fully exported power by or for the benefit of the school district or community college district. For purposes of this section, a "long-term arrangement" means an arrangement that will last at least five years.  SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.