Bill Text: CA SB581 | 2015-2016 | Regular Session | Amended

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Bill Title: Public contracts: prevailing wage.

Spectrum: Bipartisan Bill

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB581 Detail]

Download: California-2015-SB581-Amended.html

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BILL NUMBER: SB 581	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2015

INTRODUCED BY   Senator Cannella
    (   Principal coauthor:   Senator 
 Leyva   ) 

                        FEBRUARY 26, 2015

   An act to  amend Section 65583 of the Government Code,
relating to land use.   add Section 1720.8 to the Labor
Code, relating to public contracts, and declaring the urgency
thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 581, as amended, Cannella.  Land use: housing element.
  Public contracts: prevailing wage.  
   Existing law defines "public works," for purposes of regulating
public works contracts, to include, 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.  
   This bill would expand the definition of "public works," for the
purposes of the payment of prevailing wages, to also include any
construction, alteration, demolition, installation, or repair work
done under public or private contract that satisfies specified
conditions related to the construction or maintenance of solar
photovoltaic energy generating capacity, as prescribed. 
   Because the violation of prevailing wage requirements 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.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Planning and Zoning Law requires each city, county, and city
and county to prepare and adopt a general plan that contains certain
mandatory elements, including a housing element. The law requires the
housing element to contain specified information.  

   This bill would revise references to redevelopment agencies within
those housing element provisions to instead refer to successor
housing agencies and would make other nonsubstantive changes to the
housing element requirement. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 1720.8 is added to the 
 Labor Code   , to read:  
   1720.8.  For the limited purposes of Article 2 (commencing with
Section 1770), "public work" also means any construction, alteration,
demolition, installation, or repair work done under public or
private contract when the following conditions exist:
   (a) The work is performed in connection with the construction or
maintenance of solar photovoltaic energy generating capacity.
   (b) (1) The contracted installer, or a subcontracted entity of the
contracted installer, receives benefits from any state or local
program incentivizing the construction of photovoltaic energy
generating capacity, including, but not limited to, Net Energy
Metering, the California Solar Initiative, the New Solar Homes
Partnership, the Single-Family Affordable Solar Homes Program, the
Multifamily Affordable Solar Housing Program, and the Self-Generation
Incentive Program.
   (2) For the purposes of this subdivision, "benefits" means funds,
rebates, subsidies, loans, credits, or other financial assistance
derived from public moneys. 
   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. 
   SEC. 3.    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:
 
   In order to ensure that affected workers are paid the prevailing
wage as soon as possible, it is necessary that this act take effect
immediately.  All matter omitted in this version of the bill
appears in the bill as introduced in the Senate February 26, 2015.
(JR11)