BILL NUMBER: AB 219	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2015

INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 2, 2015

   An act to amend  Section   Sections 
1720.3  of   and 1722.1 of, and to add Section
1722.2 to,  the Labor Code, relating to public works.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 219, as amended, Daly. Public works: concrete delivery.
   Existing law defines "public works," for purposes of requirements
regarding the payment of prevailing wages for public works projects,
to include, among other things, 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. Existing law makes a willful violation of law relating to
payment of prevailing wages on public works a misdemeanor.
   This bill would expand the definition of  "public works,"
  "public works   "  for these purposes to
include the delivery of ready-mixed  or asphaltic  concrete
with respect to contracts involving any state agency or any
political subdivision of the state.  This bill would provide that
the expansion of that definition does not apply to contracts
advertised for bid or awarded prior to the effective date that
provision.  By expanding the definition of a crime, this bill
would impose a state-mandated local program. 
   Existing law defines "contractor" and "subcontractor," for
purposes of requirements regarding the payment of prevailing wages
for public works projects, to include a contractor, subcontractor,
licensee, officer, agent, or representative thereof, when working on
public works, as specified. Existing law, the Contractors' State
License Law, provides for the licensure and regulation of contractors
by the Contractors' State License Board.  
   This bill would provide that a person is a "contractor" or
"subcontractor" for the purposes of those requirements regardless of
whether the person is subject to the requirements of the Contractors'
State License Law. This bill would provide that an agreement with a
contractor or a subcontractor to perform a public work is a "contract"
or "subcontract" for the purposes of requirements regarding the
payment of prevailing wages described above. 
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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, or the 
hauling and  delivery of ready-mixed concrete or asphaltic
concrete  to a public works site, 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. 
   (c) For the purposes of this section, the "hauling and delivery of
ready-mixed concrete or asphaltic concrete to a public works site"
means the job duties for a ready mixer driver that are used by the
Director of Industrial Relations in determining wage rates pursuant
to Section 1773. 
   SEC. 2.    Section 1722.1 of the   Labor
Code   is amended to read: 
   1722.1.  For the purposes of this chapter, "contractor" and
"subcontractor" include a contractor, subcontractor, licensee,
officer, agent, or representative thereof, acting in that capacity,
when working on public works pursuant to this article and Article 2
(commencing with Section 1770).  A person or entity may be a
"contractor" or "subcontractor" for the purposes of this chapter reg
  ardless of whether the person or entity is subject to the
licensing requirements of Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code. 
   SEC. 3.    Section 1722.2 is added to the  
Labor Code   , to read:  
   1722.2.  For the purposes of this chapter, an agreement with a
contractor or subcontractor to perform any public work covered by
this article and Article 2 (commencing with Section 1770) of this
chapter is a "contract" or "subcontract." 
   SEC. 4.    The amendments made by Section 1 of this
act do not apply to contracts advertised for bid or awarded prior to
the effective date of this act. 
   SEC. 2.   SEC. 5.   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.