Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. 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 projects, and imposes misdemeanor penalties for a violation of this requirement. Existing law exempts certain projects from the prevailing wage requirements, including public works projects of less than $1,000. This bill would specify that workers must be employed directly at the site of the work to be deemed employed upon public work. The bill would exempt from the prevailing wage requirements public projects of less than $100,000. The bill would also exempt from the prevailing wage requirements the governing board of a school district with regard to the construction, reconstruction, or rehabilitation of school facilities, any fabrication or prefabrication work done at a permanent offsite facilities of a contractor, a public work project of a local agency that adopts a resolution or ordinance, as specified, workers employed on a hospital seismic retrofitting project. The bill would also exempt from the definition of "public works," for purposes of the prevailing wage requirements, work performed during the design and preconstruction phases of construction, including inspection and land surveying work and would delete provisions of existing law specifying that "public works" includes the hauling of refuse from a public works site to an outside disposal location. This bill would revise the definition of "public works," as provided. This bill would exempt from the prevailing wage requirements contracts for which the state or any political subdivision pays a cumulative amount of less than 50% of the total payment under the contract directly to or on behalf of the contractor, subcontractor, or developer executing the contract, as provided. This bill would also exempt from the prevailing wage requirements contracts let for maintenance work. Existing law, the Bergeson-Peace Infrastructure and Economic Development Bank Act, establishes the California Infrastructure and Economic Development Bank in the Trade and Commerce Agency, which requires public works financed by the bank to comply with those laws relating to payment of prevailing wages. This bill would remove the requirement that public works financed under that act comply with the prevailing wage requirements. Existing law, until January 1, 2017, specifies that the prevailing wage requirement does not apply to work performed on or after January 1, 2002, by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or of a certified community conservation corps, as defined. This bill would delete the January 1, 2017, date upon which this provision is repealed thus extending this provision indefinitely. Existing law imposes specified requirements on contracts of $30,000 or more of general contractors or specialty contractors with regard to the use of apprentices or journeymen on public works projects. This bill would instead impose these requirements on contracts of $100,000 or more. Because this bill would expand the application of the prevailing wage requirements, the violation of which are a crime, it 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.
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Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. Existing law further requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations as specified, be paid to workers employed on public works projects, and imposes misdemeanor penalties for certain violations of this requirement. This bill would revise the manner in which the director determines the rate of general prevailing wages, including deleting the requirement that he or she consider the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, and deleting the requirement that the director consider further data from labor organizations and employers or employer associations and concerns where the rates do not constitute the rates actually paid in the locality. The bill would also revise the methodology that the director is required to use in determining the general prevailing rate of per diem wages in the locality in which the public work is to be performed, including deleting certain requirement, and requiring the director to conduct a survey of the wages paid for work performed in each locality in which the public work is to be performed. Existing law requires the body awarding a contract for public work or undertaking a public work to pay holiday rates for all specified holidays or all holidays recognized in the applicable collective bargaining agreement, and provides that awarding bodies are not required to specify the holidays upon which holiday rates are paid in the contract for public work. This bill would require the holiday rates to be paid on all specified holidays, and would delete the authorization that they be paid instead on those dates recognized in a collective bargaining agreement. The bill would delete the provision stating that awarding bodies are not required to specify holidays in the contract for public work. Existing law provides that per diem wages for purposes of public works include employer payments for, among other things, specified worker protection and assistance programs or committees, industry advancement, collective bargaining agreements administrative fees, and any purposes similar to the other purposes specified for employer payments. This bill would delete these categories of employer payments from per diem wages for purposes of public works. Existing law requires, for purposes of per diem wage payments, that the credit for employer payments be computed on an annualized basis where the employer seeks credit for payments that are higher for public works projects than for private construction by that employer, except as specified. Existing law also requires a representative of any craft, classification, or type of worker needed to execute public works contracts to file with the Department of Industrial Relations copies of collective bargaining agreements and all modifications and extensions affecting per diem wages or holidays. This bill would delete these requirements. This bill would make related technical, nonsubstantive changes.
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. This bill would appropriate the sum of $7,300,000 from the General Fund to the Department of Veterans Affairs to provide for specified veterans' services.
The Vehicle License Fee Law, in lieu of any ad valorem property tax upon vehicles, imposes an annual license fee for any vehicle subject to registration in this state in the amount of 1% of the market value of that vehicle, as provided, for a specified amount of time. Existing law, operative until June 30, 2011, also imposes an additional tax to the vehicle license fee equal to 0.15% of the market value of specified vehicles, as determined by the Department of Motor Vehicles, to be deposited in the General Fund and transferred to the Local Safety and Protection Account, a continuously appropriated fund. This bill would appropriate $506,400,000 from the General Fund to be deposited in the Local Safety and Protection Account, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
The Joint Exercise of Powers Act authorizes two or more public agencies, if each is authorized by their respective legislative bodies, to enter into an agreement to jointly exercise any power common to those two agencies. The Ralph M. Brown Act requires that meetings of the legislative body of a local agency, including a joint powers authority, be open and public, with specified exceptions authorizing closed sessions for specified purposes. Existing law permits a joint powers agency to include in its joint powers agreement provisions authorizing (1) any member of the legislative body of a member local agency to disclose information obtained during a closed session of the joint powers agency that has direct financial or liability implications for that member local agency to that agency's legal counsel or to other members of that agency's legislative body, as specified, or (2) any designated alternate member of the legislative body of the joint powers agency that is also a member of the legislative body of a member local agency, who is attending in lieu of that agency's regularly appointed member, to attend closed sessions of the joint powers agency, as specified. This bill would repeal and recast those provisions to additionally authorize a joint powers agency to include in its joint powers agreement provisions authorizing (1) any designated alternate member who is attending in lieu of the appointed member to attend closed sessions of the joint powers authority, or (2) any appointed or designated alternate member of the local agency to disclose information obtained during a closed session of the joint powers authority that has direct financial or liability implications for that member local agency to that agency's legal counsel, or to those persons who are present in a closed session of that member local agency. This bill would also make various, nonsubstantive, conforming changes.
Existing law establishes various boards and commissions to carry out particular tasks, investigations, or other activities. This bill would state that it is the intent of the Legislature to enact legislation that would codify Governor Arnold Schwarzenegger's "Governor's Reorganization Plan 1: Reforming California's Boards and Commissions" from 2004.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA confers standing on a person satisfying specified requirements to file and maintain an action or proceeding alleging that an EIR, a negative declaration, or a mitigated negative declaration was not prepared and certified in compliance with CEQA. This bill would limit the standing to file and maintain the above action or proceeding to the Attorney General.
Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. 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 projects, and imposes misdemeanor penalties for a violation of this requirement. Existing law exempts certain projects from the prevailing wage requirements, including public works projects of less than $1,000. Existing law requires that prevailing wages be paid on contracts let for maintenance work. This bill would specify that workers must be employed directly at the site of the work to be deemed employed upon public work. The bill would exempt from the prevailing wage requirements public projects of less than $100,000. The bill would also exempt from the prevailing wage requirements the governing board of a school district with regard to the construction, reconstruction, or rehabilitation of school facilities, any fabrication or prefabrication work done at a permanent offsite facility of a contractor, a public work project of a local agency that adopts a resolution or ordinance, as specified, workers employed on a hospital seismic retrofitting project. The bill would also exempt from the definition of "public works," for purposes of the prevailing wage requirements, work performed during the design and preconstruction phases of construction, including inspection and land surveying work and would delete provisions of existing law specifying that "public works" includes the hauling of refuse from a public works site to an outside disposal location. This bill would revise the definitions of "public works" and "paid for in whole or in part out of public funds," as provided. This bill would exclude from the prevailing wage requirements contracts for which the state or any political subdivision pays a cumulative amount of less than 50% of the total payment under the contract directly to or on behalf of the contractor, subcontractor, or developer executing the contract, as provided, and would revise certain existing exclusions, as specified. This bill would also remove the prevailing wage requirements for contracts let for maintenance work. Existing law, the Bergeson-Peace Infrastructure and Economic Development Bank Act, establishes the California Infrastructure and Economic Development Bank in the Trade and Commerce Agency, which requires public works financed by the bank to comply with those laws relating to payment of prevailing wages. This bill would remove the requirement that public works financed under that act comply with the prevailing wage requirements. Existing law, until January 1, 2017, specifies that the prevailing wage requirement does not apply to work performed on or after January 1, 2002, by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or of a certified community conservation corps, as defined. This bill would delete the January 1, 2017, date upon which this provision is repealed thus extending this provision indefinitely. Existing law imposes specified requirements on contracts of $30,000 or more of general contractors or specialty contractors with regard to the use of apprentices or journeymen on public works projects. This bill would instead impose these requirements on contracts of $100,000 or more. Because this bill would expand the application of the prevailing wage requirements, the violation of which is a crime, it 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.
Existing law authorizes certain members of the Public Employees' Retirement System, the State Teachers' Retirement System, and county, city, and district retirement systems that have adopted specified provisions, to make additional contributions to the retirement system and receive up to 5 years of additional retirement service credit for time that does not qualify for public service, as specified. The bill would repeal the provisions that authorize these additional contributions and service credit, and would make related technical changes.
(1) Existing law requires the governing board of each school district to approve, on or before September 15 of each year, in a format prescribed by the Superintendent of Public Instruction, an annual statement of all receipts and expenditures of the district for the preceding fiscal year. Existing law further requires that this annual statement be filed, along with an annual statement of receipts and expenditures required of each charter school, with the county superintendent of schools, and that copies of these statements be transmitted to the Superintendent of Public Instruction. Existing law authorizes the governing board of a school district to print and distribute in pamphlet form an annual financial statement of the receipts and expenditures of the district. This bill would require the governing board of a school district to prepare and maintain a monthly public record of all expenditures of the district, and specify information to be included about each item of expenditure. The bill would require the governing board to make this public record available for public viewing by posting it on the Internet Web site of the district, and updated at least once every 30 calendar days. The bill would require the public record to include an explanation of any codes, acronyms, or abbreviations used to identify a payee or expenditure. The bill would also require that the public record not include any information that could be used to identify an individual employee. Because the bill would impose new duties on a school district, it would constitute a state-mandated local program. (2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.