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AB-514 Public works: prevailing wage: hauling refuse.(2011-2012)

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Assembly Bill No. 514
CHAPTER 676

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

[ Approved by Governor  October 09, 2011. Filed with Secretary of State  October 09, 2011. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 514, Roger Hernández. Public works: prevailing wage: hauling refuse.
Existing law includes, for the purposes of public works contracts, in the definition of “public works” the hauling of refuse from a public works site to an outside disposal location, as specified. Existing law generally requires all workers employed on public works to be paid not less than the prevailing rate of per diem wages.
This bill would include in the definition of “hauling of refuse” the hauling of specified materials other than certain recyclable metals, thereby expanding the definition of “public works” and thus requiring the payment of prevailing wages for that activity.
Because this bill would expand the application of 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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, 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.