Bill Text: CA AB514 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Public works: prevailing wage: hauling refuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-09 - Chaptered by Secretary of State - Chapter 676, Statutes of 2011. [AB514 Detail]

Download: California-2011-AB514-Chaptered.html

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BILL NUMBER: AB 514	CHAPTERED
	BILL TEXT

	CHAPTER  676
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2011
	APPROVED BY GOVERNOR  OCTOBER 9, 2011
	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 23, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 15, 2011

   An act to amend Section 1720.3 of the Labor Code, relating to
public works.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 514, Roger Hernández. Public works: prevailing wage: hauling
refuse.
   Existing law includes, for the purposes of public works contracts,
in the definition of "public works" the hauling of refuse from a
public works site to an outside disposal location, as specified.
Existing law generally requires all workers employed on public works
to be paid not less than the prevailing rate of per diem wages.
   This bill would include in the definition of "hauling of refuse"
the hauling of specified materials other than certain recyclable
metals, thereby expanding the definition of "public works" and thus
requiring the payment of prevailing wages for that activity.
   Because this bill would expand the application of prevailing wage
requirements, the violation of which is a crime, it 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.


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

  SECTION 1.  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), "public works" also means the hauling of refuse
from a public works site to an outside disposal location, 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.
   (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. 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.