| 1 | | - | Assembly Bill No. 1851 CHAPTER 764 An act to amend Section 1720.3 of the Labor Code, relating to public works. [ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1851, Robert Rivas. Public works: prevailing wage: hauling.Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. 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 as specified. Existing law includes in the definition of public works under certain circumstances the hauling of refuse from a public works site to an outside disposal location. 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 definition of public works for those purposes to include the on-hauling of materials used for paving, grading, and fill onto a public works site if the individual drivers work is integrated into the flow process of construction. The bill would make a related intent statement. By expanding the definition of a crime, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature in enacting paragraph (2) of subdivision (a) of Section 1720.3 of the Labor Code to restore, as of the effective date of this act, the holding of O. G. Sansone Co. v. Department of Transportation (1976) 55 Cal.App.3d 434, and its subsequent interpretations, as it relates to the on hauling of materials used for paving, grading, and fill onto a public works site.SEC. 2. Section 1720.3 of the Labor Code is amended to read:1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, public works also means both of the following:(1) The hauling of refuse from a public works site to an outside disposal location.(2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual drivers work is integrated into the flow process of construction.(b) For purposes of this section, the hauling of refuse includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The hauling of refuse shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 1 | + | Enrolled September 01, 2022 Passed IN Senate August 29, 2022 Passed IN Assembly August 30, 2022 Amended IN Senate August 22, 2022 Amended IN Senate June 15, 2022 Amended IN Assembly February 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1851Introduced by Assembly Member Robert RivasFebruary 08, 2022 An act to amend Section 1720.3 of the Labor Code, relating to public works. LEGISLATIVE COUNSEL'S DIGESTAB 1851, Robert Rivas. Public works: prevailing wage: hauling.Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. 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 as specified. Existing law includes in the definition of public works under certain circumstances the hauling of refuse from a public works site to an outside disposal location. 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 definition of public works for those purposes to include the on-hauling of materials used for paving, grading, and fill onto a public works site if the individual drivers work is integrated into the flow process of construction. The bill would make a related intent statement. By expanding the definition of a crime, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature in enacting paragraph (2) of subdivision (a) of Section 1720.3 of the Labor Code to restore, as of the effective date of this act, the holding of O. G. Sansone Co. v. Department of Transportation (1976) 55 Cal.App.3d 434, and its subsequent interpretations, as it relates to the on hauling of materials used for paving, grading, and fill onto a public works site.SEC. 2. Section 1720.3 of the Labor Code is amended to read:1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, public works also means both of the following:(1) The hauling of refuse from a public works site to an outside disposal location.(2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual drivers work is integrated into the flow process of construction.(b) For purposes of this section, the hauling of refuse includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The hauling of refuse shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | AB 1851, Robert Rivas. Public works: prevailing wage: hauling. |
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| 20 | 32 | | |
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| 21 | 33 | | Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. 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 as specified. Existing law includes in the definition of public works under certain circumstances the hauling of refuse from a public works site to an outside disposal location. 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 definition of public works for those purposes to include the on-hauling of materials used for paving, grading, and fill onto a public works site if the individual drivers work is integrated into the flow process of construction. The bill would make a related intent statement. By expanding the definition of a crime, 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. |
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| 22 | 34 | | |
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| 23 | 35 | | Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. 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 as specified. Existing law includes in the definition of public works under certain circumstances the hauling of refuse from a public works site to an outside disposal location. Existing law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. |
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| 24 | 36 | | |
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| 25 | 37 | | This bill would expand the definition of public works for those purposes to include the on-hauling of materials used for paving, grading, and fill onto a public works site if the individual drivers work is integrated into the flow process of construction. The bill would make a related intent statement. By expanding the definition of a crime, this bill would impose a state-mandated local program. |
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| 26 | 38 | | |
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| 27 | 39 | | 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. |
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| 28 | 40 | | |
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| 29 | 41 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 30 | 42 | | |
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| 31 | 43 | | ## Digest Key |
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| 32 | 44 | | |
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| 33 | 45 | | ## Bill Text |
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| 34 | 46 | | |
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| 35 | 47 | | The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature in enacting paragraph (2) of subdivision (a) of Section 1720.3 of the Labor Code to restore, as of the effective date of this act, the holding of O. G. Sansone Co. v. Department of Transportation (1976) 55 Cal.App.3d 434, and its subsequent interpretations, as it relates to the on hauling of materials used for paving, grading, and fill onto a public works site.SEC. 2. Section 1720.3 of the Labor Code is amended to read:1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, public works also means both of the following:(1) The hauling of refuse from a public works site to an outside disposal location.(2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual drivers work is integrated into the flow process of construction.(b) For purposes of this section, the hauling of refuse includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The hauling of refuse shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 36 | 48 | | |
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| 37 | 49 | | The people of the State of California do enact as follows: |
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| 38 | 50 | | |
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| 39 | 51 | | ## The people of the State of California do enact as follows: |
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| 40 | 52 | | |
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| 41 | 53 | | SECTION 1. It is the intent of the Legislature in enacting paragraph (2) of subdivision (a) of Section 1720.3 of the Labor Code to restore, as of the effective date of this act, the holding of O. G. Sansone Co. v. Department of Transportation (1976) 55 Cal.App.3d 434, and its subsequent interpretations, as it relates to the on hauling of materials used for paving, grading, and fill onto a public works site. |
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| 42 | 54 | | |
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| 43 | 55 | | SECTION 1. It is the intent of the Legislature in enacting paragraph (2) of subdivision (a) of Section 1720.3 of the Labor Code to restore, as of the effective date of this act, the holding of O. G. Sansone Co. v. Department of Transportation (1976) 55 Cal.App.3d 434, and its subsequent interpretations, as it relates to the on hauling of materials used for paving, grading, and fill onto a public works site. |
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| 44 | 56 | | |
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| 45 | 57 | | SECTION 1. It is the intent of the Legislature in enacting paragraph (2) of subdivision (a) of Section 1720.3 of the Labor Code to restore, as of the effective date of this act, the holding of O. G. Sansone Co. v. Department of Transportation (1976) 55 Cal.App.3d 434, and its subsequent interpretations, as it relates to the on hauling of materials used for paving, grading, and fill onto a public works site. |
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| 46 | 58 | | |
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| 47 | 59 | | ### SECTION 1. |
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| 48 | 60 | | |
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| 49 | 61 | | SEC. 2. Section 1720.3 of the Labor Code is amended to read:1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, public works also means both of the following:(1) The hauling of refuse from a public works site to an outside disposal location.(2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual drivers work is integrated into the flow process of construction.(b) For purposes of this section, the hauling of refuse includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The hauling of refuse shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser. |
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| 50 | 62 | | |
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| 51 | 63 | | SEC. 2. Section 1720.3 of the Labor Code is amended to read: |
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| 52 | 64 | | |
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| 53 | 65 | | ### SEC. 2. |
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| 54 | 66 | | |
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| 55 | 67 | | 1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, public works also means both of the following:(1) The hauling of refuse from a public works site to an outside disposal location.(2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual drivers work is integrated into the flow process of construction.(b) For purposes of this section, the hauling of refuse includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The hauling of refuse shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser. |
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| 56 | 68 | | |
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| 57 | 69 | | 1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, public works also means both of the following:(1) The hauling of refuse from a public works site to an outside disposal location.(2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual drivers work is integrated into the flow process of construction.(b) For purposes of this section, the hauling of refuse includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The hauling of refuse shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser. |
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| 58 | 70 | | |
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| 59 | 71 | | 1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, public works also means both of the following:(1) The hauling of refuse from a public works site to an outside disposal location.(2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual drivers work is integrated into the flow process of construction.(b) For purposes of this section, the hauling of refuse includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The hauling of refuse shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser. |
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| 60 | 72 | | |
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| 61 | 73 | | |
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| 62 | 74 | | |
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| 63 | 75 | | 1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, public works also means both of the following: |
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| 64 | 76 | | |
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| 65 | 77 | | (1) The hauling of refuse from a public works site to an outside disposal location. |
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| 66 | 78 | | |
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| 67 | 79 | | (2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual drivers work is integrated into the flow process of construction. |
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| 68 | 80 | | |
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| 69 | 81 | | (b) For purposes of this section, the hauling of refuse includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The hauling of refuse shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser. |
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| 70 | 82 | | |
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| 71 | 83 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 72 | 84 | | |
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| 73 | 85 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 74 | 86 | | |
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| 75 | 87 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 76 | 88 | | |
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| 77 | 89 | | ### SEC. 3. |
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