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AB-356 Public works projects: local hiring policies.(2011-2012)

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AB356:v98#DOCUMENT

Amended  IN  Assembly  April 25, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 356


Introduced  by  Assembly Member Hill

February 10, 2011


An act to add Section 53087.7 to, and to add Chapter 13 (commencing with Section 4590) to Division 5 of Title 1 of, the Government Code, relating to public works projects.


LEGISLATIVE COUNSEL'S DIGEST


AB 356, as amended, Hill. Public works projects: local hiring policies.
Existing law authorizes state agencies to enter into public works projects, as defined, and imposes various requirements with respect to the contracting and bidding process.

This bill would exempt any public works project that is funded, in whole or in part, with state funds from a policy imposed by a local agency that mandates that any portion or percentage of project work hours be performed by local residents.

This bill would also prohibit any local agency, as defined, from mandating that any portion or percentage of work on a public works project be performed by local residents or persons residing within particular geographic areas if any portion of that public works project will take place outside the geographical boundaries of the local agency. The bill would also require a local agency to fund any increase in cost of a public works project that is located entirely within the geographical boundaries of the local agency where the public works project is funded with state funds and the local agency implements a local resident hiring policy, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Chapter 13 (commencing with Section 4590) is added to Division 5 of Title 1 of the Government Code, to read:
13.Local Hiring Policy Exemption for State-Funded Public Works Projects
4590.

As used in this chapter, the following terms have the following meanings, unless the context otherwise requires:

(a)“Local agency” means a city, county, or any other local public agency.

(b)“Local resident” means an individual who is domiciled, as defined in Section 349 of the Elections Code, within the jurisdiction of the local agency.

(c)“Public works project” means the acquisition and improvement of sites, construction, modification, and alteration of public buildings, airports, water supply systems, and other publicly owned and operated facilities.

4591.

A public works project that is funded, in whole or in part, entirely or partially funded with state funds shall be exempt from a policy imposed by a local agency that mandates that any portion or percentage of project work hours be performed by local residents.

SEC. 2.SECTION 1.

 Section 53087.7 is added to the Government Code, to read:

53087.7.
 (a) As used in this section, the following terms have the following meanings, unless the context otherwise requires:
(1) “Local agency” means a city, county, city and county, or any other local public agency.
(2) “Local resident” means an individual who is domiciled, as defined in Section 349 of the Elections Code, within the jurisdiction of the local agency.
(3) “Public works project” means the acquisition and improvement of sites, construction, modification, and alteration of public buildings, airports, water supply systems, and other publicly owned and operated facilities.
(b) A local agency shall not mandate that any portion or percentage of work on a public works project be performed by local residents or persons who reside within particular geographic areas if any portion of that public works project will take place outside the geographical boundaries of the local agency.
(c) If a local agency receives funding from the state for a public works project located entirely within the geographical boundaries of the local agency, and the local agency implements a policy of hiring only local residents, any increase in the cost of the public works project that is attributable to the local resident hiring policy shall be funded with local funds.