BILL NUMBER: AB 219	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 2, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 219, as introduced, 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," for these
purposes to include the delivery of ready-mixed concrete with
respect to contracts involving any state agency or any political
subdivision of the state. By expanding the definition of a crime,
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.
   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
delivery of ready-mixed 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.
  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.