BILL NUMBER: AB 219	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2015
	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 add Section 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 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. The bill would require the applicable prevailing wage rate
to be the rate for the geographic area in which the concrete factory
or batching plant is located.  The bill would require the entity
hauling or delivering ready-mixed concrete to enter into a written
subcontract agreement with, and to provide employee payroll and time
records to, the party that engaged that entity, as specified. 
The bill would provide that these provisions do not apply to 
public works  contracts  advertised for bid or 
awarded prior to the effective date of this measure.
  after July 1, 2016. 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 1720.9 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.  The entity hauling or
delivering ready-mixed concrete shall be considered a subcontractor
solely for the purposes 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). 
   (g) This section applies to public works contracts that are
awarded on or after July 1, 2016.  
  SEC. 2.    This act does not apply to contracts
advertised for bid or awarded prior to the effective date of the act.

   SEC. 3.   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.