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SB-533 Fort Ord Reuse Authority: prevailing wages.(2019-2020)

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Date Published: 03/28/2019 09:00 PM
SB533:v98#DOCUMENT

Amended  IN  Senate  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 533

Introduced by Senator Monning

February 21, 2019

An act to amend Section 67675 of add Section 67686 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 533, as amended, Monning. Fort Ord Reuse Authority. Fort Ord Reuse Authority: prevailing wages.
Existing law authorizes specified local agencies to establish the Fort Ord Reuse Authority as a public corporation of the state and authorizes the authority’s board to adopt the Fort Ord Reuse Plan, as specified. Existing law requires the board of the authority to prepare, adopt, review, revise from time to time, and maintain a plan for the future use and development of the territory occupied by Fort Ord.
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 requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law authorizes the Labor Commissioner to issue civil wage and assessment penalties to a contractor or subcontractor that fails to pay prevailing wages in connection with a public work.
This bill would deem as public works any work performed within the territory of Fort Ord if the contractor or subcontractor is required to pay prevailing wages pursuant to a resolution of the Fort Ord board, deed restriction, or covenant. The bill would authorize the Labor Commissioner, for the purpose of enforcing compliance with specified prevailing wage and payroll record provisions, to issue civil wage and assessment penalties to a contractor or subcontractor that performed work subject to the provisions of the bill. The bill would apply these provisions to work performed before the effective date of these provisions. The bill would require all contractors and subcontractors performing work subject to these provisions to register with the Department of Industrial Relations, as specified.

This bill would make nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 67686 is added to the Government Code, to read:

67686.
 (a) (1) For purposes of Sections 1774 and 1776 of the Labor Code, work performed within the territory of Fort Ord for which a contractor or subcontractor is required to pay prevailing wages pursuant to a resolution of the board, deed restriction, or covenant shall be deemed public works.
(2) The Labor Commissioner may issue civil wage and penalty assessments, pursuant to Sections 1741 to 1743, inclusive, of the Labor Code to enforce compliance with Sections 1774 and 1776 of the Labor Code.
(3) This subdivision shall apply retroactively to work performed prior to the effective date of this section.
(4) The requirements and remedies provided by this subdivision shall be in addition to any requirements and remedies otherwise provided by law.
(b) Contractors and subcontractors entering into any contract to perform work covered by subdivision (a) after the effective date of this section shall register with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code, even if the registration requirement would not otherwise apply.
(c) Notwithstanding Section 67700, this section shall remain in effect until all work covered by this section has been completed, all enforcement actions have concluded, and the time limitations for such enforcement actions have expired.

SECTION 1.Section 67675 of the Government Code is amended to read:
67675.

(a)The board shall prepare, adopt, review, revise from time to time, and maintain a plan for the future use and development of the territory occupied by Fort Ord as of January 1, 1993. The adopted plan shall be the official local plan for the reuse of the base for all public purposes, including all discussions with the Army and other federal agencies, and for purposes of planning, design, and funding by all state agencies.

(b)Notwithstanding any other provision of this section, the board may adopt the “Final Base Reuse Plan” prepared by the Fort Ord Reuse Group as the Fort Ord Reuse Plan for purposes of this title. The plan adopted pursuant to this subdivision may serve as the Fort Ord Reuse Plan until July 1, 1996. The board may prepare elements described in subdivision (c) that are generally consistent with the adopted plan. After July 1, 1996, only a plan containing the required elements and fully satisfying the requirements of this title shall serve as the Fort Ord Reuse Plan.

(c)The Fort Ord Reuse Plan shall include all of the following elements:

(1)A land use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space, and other natural resources within the area of the base. The land use plan shall designate areas of the base for residential, commercial, industrial, and other uses, and may specify maximum development intensities and other standards and criteria. The land use plan shall provide for public safety.

(2)A transportation plan for the integrated development of a system of roadways, transit facilities, air transportation facilities, and appurtenant terminals and other facilities for the movement of people and goods to, from, and within the area of the base.

(3)A conservation plan for the preservation, development, use, and management of natural resources within the area of the base, including, but not limited to, soils, shoreline, scenic corridors along transportation routes, open spaces, wetlands, recreational facilities, historical facilities, and habitat of, or for, exceptional flora and fauna.

(4)A recreation plan for the development, use, and management of the recreational resources within the area of the base.

(5)A five-year capital improvement program that complies with the requirements of Section 65403. The program shall include an allocation of the available water supply, sewage treatment capacity, solid waste disposal capability, and other limited public service capabilities among the potential developments within the area of the base. The program shall also identify both of the following:

(A)Basewide facilities identified by the board pursuant to Section 67679.

(B)Local facilities that are in the county or a city with territory occupied by Fort Ord and that primarily serve residents of the county or that city.

(d)In addition to the plan elements required pursuant to subdivision (c), the plan may also include any element or subject specified in Section 65302.

(e)The Fort Ord Reuse Plan may provide for development to occur in phases, with criteria concerning public facility development and other factors that must be satisfied within each phase.

(f)In preparing, adopting, reviewing, and revising the reuse plan, the board shall be consistent with approved coastal plans, air quality plans, water quality plans, spheres of influence, and other countywide or regional plans required by federal or state law, other than local general plans, including any amendments subsequent to the enactment of this title, and shall consider all of the following:

(1)Monterey Bay regional plans.

(2)County and city plans and proposed projects covering the territory occupied by Fort Ord or otherwise likely to be affected by the future uses of the base.

(3)Other public and nongovernmental entity plans and proposed projects affecting the planning and development of the territory occupied by Fort Ord.