Bill Text: CA AB1804 | 2011-2012 | Regular Session | Introduced

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Bill Title: Public contracts: public entities: project labor

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-21 - From committee without further action pursuant to Joint Rule 62(a). [AB1804 Detail]

Download: California-2011-AB1804-Introduced.html

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BILL NUMBER: AB 1804	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Valadao

                        FEBRUARY 21, 2012

   An act to repeal Chapter 2.8 (commencing with Section 2500) of
Part 1 of Division 2 of the Public Contract Code, relating to public
contracts, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1804, as introduced, Valadao. Public contracts: public
entities: project labor agreements.
   Existing law sets forth the requirements for the solicitation and
evaluation of bids and the awarding of contracts by public entities
and authorizes a public entity to use, enter into, or require
contractors to enter into, a project labor agreement for a
construction project, if the agreement includes specified taxpayer
protection provisions. Existing law also provides that if a charter
provision, initiative, or ordinance of a charter city prohibits the
governing board's consideration of a project labor agreement for a
project to be awarded by the city, or prohibits the governing board
from considering whether to allocate funds to a city-funded project
covered by such an agreement, then state funding or financial
assistance may not be used to support that project, as specified.
   This bill would repeal the above-described provisions relating to
charter cities and the use of project labor agreements.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.8 (commencing with Section lookup) of Part 1
of Division 2 of the Public Contract Code, as asked by Chapter 431 of
the Statutes of 2011, is repealed. 
      CHAPTER 2.8.  PROJECT LABOR AGREEMENTS


   2500.  (a) A public entity may use, enter into, or require
contractors to enter into, a project labor agreement for a
construction project only if the agreement includes all of the
following taxpayer protection provisions:
   (1) The agreement prohibits discrimination based on race, national
origin, religion, sex, sexual orientation, political affiliation, or
membership in a labor organization in hiring and dispatching workers
for the project.
   (2) The agreement permits all qualified contractors and
subcontractors to bid for and be awarded work on the project without
regard to whether they are otherwise parties to collective bargaining
agreements.
   (3) The agreement contains an agreed-upon protocol concerning drug
testing for workers who will be employed on the project.
   (4) The agreement contains guarantees against work stoppages,
strikes, lockouts, and similar disruptions of the project.
   (5) The agreement provides that disputes arising from the
agreement shall be resolved by a neutral arbitrator.
   (b) For purposes of this chapter, both of the following
definitions apply:
   (1) "Project labor agreement" means a prehire collective
bargaining agreement that establishes terms and conditions of
employment for a specific construction project or projects and is an
agreement described in Section 158(f) of Title 29 of the United
States Code.
   (2) "Public entity" means a public entity as defined in Section
1100.
   2501.  The members of the governing board of a local public entity
may choose by majority vote whether to use, enter into, or require
contractors to enter into a project labor agreement that includes all
the taxpayer protection provisions of Section 2500 for a specific
project or projects awarded by that entity and whether to allocate
funding to a specific project covered by such an agreement. A charter
provision, initiative, or ordinance shall not prevent the governing
board of a local public entity, other than a charter city, from
exercising this authority on a project-specific basis.
   2502.  If a charter provision, initiative, or ordinance of a
charter city prohibits the governing board's consideration of a
project labor agreement that includes all the taxpayer protection
provisions of Section 2500 for a project to be awarded by the city,
or prohibits the governing board from considering whether to allocate
funds to a city-funded project covered by such an agreement, then
state funding or financial assistance shall not be used to support
that project. This section shall not be applicable until January 1,
2015, for charter cities in which a charter provision, initiative, or
ordinance in effect prior to November 1, 2011, would disqualify a
project from receiving state funding or financial assistance.

  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   Taxpayers, private employers, and local governments have been hit
with many new costs and burdens in recent years due to the state
budget deficit and these burdens have threatened the long-term
viability of businesses and local governments and their ability to
generate revenue. In order to protect our taxpayers by ensuring
fairness and transparency in funding public projects, instead of
favoring project labor agreements that may further threaten financial
stability, it is necessary that this act take effect immediately.