California 2023-2024 Regular Session

California Assembly Bill AB338

Introduced
1/30/23  
Refer
2/9/23  
Introduced
1/30/23  
Introduced
1/30/23  
Report Pass
3/22/23  
Refer
2/9/23  
Refer
2/9/23  
Report Pass
3/22/23  
Refer
3/22/23  
Refer
3/22/23  
Refer
4/19/23  
Refer
4/19/23  
Refer
4/19/23  
Report Pass
5/18/23  
Report Pass
5/18/23  
Engrossed
5/31/23  
Engrossed
5/31/23  
Engrossed
5/31/23  
Refer
6/1/23  
Refer
6/1/23  
Refer
6/14/23  
Refer
6/1/23  
Report Pass
7/12/23  
Refer
6/14/23  
Report Pass
7/12/23  
Refer
7/12/23  
Refer
7/12/23  
Refer
8/14/23  
Report Pass
9/1/23  
Refer
8/14/23  
Refer
8/14/23  
Enrolled
9/13/23  
Report Pass
9/1/23  
Report Pass
9/1/23  
Chaptered
10/8/23  
Enrolled
9/13/23  
Enrolled
9/13/23  
Chaptered
10/8/23  
Passed
10/8/23  

Caption

Fuel reduction work.

Impact

The bill reinforces existing labor laws by extending prevailing wage requirements to fuel reduction projects supported by public funding. It also empowers the Labor Commissioner to enforce compliance, providing a mechanism for underpaid workers to seek recourse through civil actions or administrative complaints. With exemptions for contracts under $500,000, and specific projects like those conducted on private land or Indian lands, the bill balances economic considerations with necessary labor standards designed to bolster worker rights in the context of public contracts.

Summary

Assembly Bill No. 338, sponsored by Aguiar-Curry, establishes standards for fuel reduction work funded in whole or in part by public funds in California. Commencing July 1, 2026, the bill mandates that all workers engaged in such projects must be compensated at least at the prevailing rates of per diem wages for their specific trades. This is particularly aimed at work in apprenticeable occupations within the building and construction trades, ensuring fair pay and protection for workers engaged in vital fire prevention projects, including residential chipping and firebreaks.

Sentiment

The general sentiment surrounding AB 338 appears supportive among labor advocates who view it as a positive step toward enhancing worker rights and ensuring fair compensation. However, discussions may reflect concerns from cost-sensitive stakeholders, such as local governments or smaller contractors, who could perceive the requirements as burdensome. The overarching discourse emphasizes the importance of maintaining labor standards while addressing critical environmental and safety needs related to fire prevention in the state.

Contention

Notable points of contention include the potential impact on small contractors who may find the prevailing wage requirements challenging, particularly for projects with limited budgets. Additionally, there may be concerns about the implications for public agencies that utilize their own workforce, as the bill limits its applicability only to work performed under contract. The exclusion of nonprofit organizations from certain requirements until 2027 suggests lawmakers are attempting to balance the need for regulatory measures with the operational challenges faced by various public and private entities.

Companion Bills

No companion bills found.

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