BILL NUMBER: AB 219 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Daly
( Principal coauthor: Assembly Member
Gonzalez )
FEBRUARY 2, 2015
An act to amend Sections 1720.3 and 1722.1 of, and
to add Section 1722.2 to, 1720.9 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" for these
purposes to include the delivery of ready-mixed or asphaltic
concrete hauling and delivery of
ready-mixed concrete, as defined, to carry out a public works
contract, with respect to contracts involving any state agency
or any political subdivision of the state. This
The bill would require the applicable prevailing wage rate to be
the rate for the geogra phic area in which the concrete
factory or batching plant is located. The bill would provide
that the expansion of that definition does
these provisions do not apply to contracts advertised for bid
or awarded prior to the effective date that provision.
of this measure. 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
regardless 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."
SECTION 1. Section 1720.9 is added to the
Labor Code , to read:
1720.9. (a) For the limited purposes of Article 2 (commencing
with Section 1770), "public works" also means the hauling and
delivery of ready-mixed concrete to carry out a public works
contract, 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, "ready-mixed concrete" means
concrete that is manufactured in a factory or a batching plant,
according to a set recipe, and then delivered in a liquefied state by
mixer truck for immediate incorporation into a project.
(c) For purposes of this section, the "hauling and delivery of
ready-mixed concrete to carry out a public works contract" means the
job duties for a ready mixer driver that are used by the director in
determining wage rates pursuant to Section 1773, and includes
receiving the concrete at the factory or batching plant and the
return trip to the factory or batching plant.
(d) For purposes of this section, the applicable prevailing wage
rate shall be the current prevailing wage, as determined by the
director, for the geographic area in which the factory or batching
plant is located.
(e) The entity hauling or delivering ready-mixed concrete to carry
out a public works contract shall enter into a written subcontract
agreement with the party that engaged the entity to supply the
ready-mixed concrete. The written agreement shall require compliance
with the requirements of this chapter.
(f) The entity hauling or delivering ready-mixed concrete to carry
out a public works contract shall submit a certified copy of the
payroll records required by subdivision (a) of Section 1776 to the
party that engaged the entity and to the general contractor within
three working days after the employee has been paid, accompanied by a
written time record that shall be certified by each driver for the
performance of job duties in subdivision (c).
SEC. 4. The amendments made by Section 1 of
this act do
SEC. 2. This act does not apply to contracts
advertised for bid or awarded prior to the effective date of
this the act.
SEC. 5. SEC. 3. 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.