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SB-825 State prisons: preapprenticeship program.(2017-2018)

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Date Published: 03/12/2018 09:00 PM
SB825:v97#DOCUMENT

Amended  IN  Senate  March 12, 2018
Amended  IN  Senate  February 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 825


Introduced by Senators Beall and Skinner
(Coauthors: Senators Bradford, Galgiani, Hueso, Lara, Mitchell, and Wiener)
(Coauthor: Coauthors: Assembly Member Gonzalez Fletcher Members Carrillo, Gonzalez Fletcher, Jones-Sawyer, and Santiago)

January 03, 2018


An act to add Section 2716.5 to the Penal Code, and to add Article 6.1 (commencing with Section 10197) to Chapter 1 of Part 2 of Division 2 of the Public Contract Code, relating to prisons.


LEGISLATIVE COUNSEL'S DIGEST


SB 825, as amended, Beall. State prisons: preapprenticeship program.
(1) Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law authorizes the department to institute various programs for inmates, including programs for education and job training.
This bill would require the department to develop guidelines for inmate participation in preapprenticeship training programs, as specified. The bill would also require the department to coordinate with local state-approved apprenticeship programs and local building trade councils so that inmates who complete an inmate preapprenticeship program have a pathway to employment upon release.
(2) Existing law authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and various local agencies to use the design-build procurement process for specified public works under different laws.
This bill would authorize the Department of Corrections and Rehabilitation to award contracts for construction projects over $500,000 using the design-build contracting process or construction manager at-risk contracts, as defined, if, on or before September 30, 2019, the department enters into a 10-year community workforce agreement with the State Building and Construction Trades Council of California that applies to all construction contracts over $500,000. The bill would require the community workforce agreement to include provisions to encourage work opportunities for previously incarcerated individuals who have completed an inmate preapprenticeship program and that support hiring opportunities for women and military service veterans. program and include a plan for outreach and retention of women and military service veterans to help increase employment opportunities in the building and construction trades. The bill would authorize the Secretary of the Department of Corrections and Rehabilitation to renew or modify the agreement for 5-year terms.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2716.5 is added to the Penal Code, to read:

2716.5.
 The department shall develop guidelines for the participation of inmates in preapprenticeship training programs, as described in subdivision (e) of Section 14230 of the Unemployment Insurance Code. In developing the guidelines, the department shall ensure that inmate preapprenticeship training programs in the building and construction trades follow the multicraft core curriculum implemented by the State Department of Education for its California Partnership Academies pilot project and by the California Workforce Development Board and local boards. The department shall also coordinate with local state-approved apprenticeship programs and local building trade councils, so inmates who complete an inmate preapprenticeship program have a pathway to employment upon release.

SEC. 2.

 Article 6.1 (commencing with Section 10197) is added to Chapter 1 of Part 2 of Division 2 of the Public Contract Code, to read:
Article  6.1. State Agency Design-Build Projects

10197.
 (a) Notwithstanding any other law, the department may award contracts for construction projects over five hundred thousand dollars ($500,000) using the design-build contracting process or construction manager at-risk contracts if, on or before September 30, 2019, the department has entered into a community workforce agreement with the State Building and Construction Trades Council of California that applies to all construction contracts over five hundred thousand dollars ($500,000).
(b) The community workforce agreement shall include provisions to encourage work opportunities for previously incarcerated individuals who have completed an inmate preapprenticeship program, established pursuant to Section 2716.5 of the Penal Code and provisions that support hiring opportunities for women and military service veterans. Code. The community workforce agreement shall also include a plan for outreach and retention of women and military service veterans to help increase employment opportunities in the building and construction trades.
(c) The community workforce agreement shall be for a term of 10 years and may be renewed or modified for additional five-year terms upon approval of the secretary. If the secretary approves the renewal or modification of the community workforce agreement for an additional term, the secretary may award contracts in accordance with this section during an additional term.
(d) The community workforce agreement shall comply with Section 2500 of the Public Contract Code.
(e) For purposes of this article, the following definitions apply:
(1) “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the department and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the department, or a tradeoff between price and other specified factors.
(2) “Construction manager at-risk contract” means a competitively procured contract awarded by the department, to either the lowest responsible bidder or by using the best value method, to an individual, partnership, joint venture, corporation, or other recognized legal entity that satisfies all of the following conditions:
(A) The entity is appropriately licensed in this state, including, but not limited to, having a contractor’s license issued by the Contractors’ State License Board.
(B) The entity guarantees the cost of a project and furnishes construction management services, including, but not limited to, preparation and coordination of bid packages, scheduling, cost control, value engineering, evaluation, preconstruction services, and construction administration.
(C) The entity possesses or obtains sufficient bonding to cover the contract amount for construction services and risk and liability insurance, as required by the department.
(3) “Department” means the Department of Corrections and Rehabilitation.
(4) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity.
(5) “Secretary” means the Secretary of the Department of Corrections and Rehabilitation.