Today's Law As Amended


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SB-1004 Public works: apprenticeship: bid preference.(2021-2022)



As Amends the Law Today


SECTION 1.

 Chapter 6.9 (commencing with Section 6990) is added to Part 1 of Division 2 of the Public Contract Code, to read:

CHAPTER  6.9. California State Public Works Apprenticeship Bid Preference
6990.
 The Legislature finds and declares all of the following:
(a) This chapter encourages the utilization of apprenticeship by providing a bid preference on public works projects for contractors who utilize actively registered construction trades apprentices of apprenticeship programs approved by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations pursuant to Section 3075 of the Labor Code.
(b) Apprenticeships are educational “earn while you learn” job training opportunities that teach critical occupational skills by combining hands-on job experience with in-classroom curriculum. These programs seek to offer their students lifelong skill sets that often lead to high-quality careers.
(c) In the construction industry, apprenticeship programs are seen as the highest standard of hands-on job training, as they provide the most up-to-date, state-of-the-art training in building and construction trades occupations. Additionally, apprenticeship programs pave the way for individuals working in the trades around the state to earn a good wage and health benefits for themselves and their families, as well as a pension for retirement after completing a series of temporary high-quality jobs that often lead to lifelong careers.
(d) Construction apprenticeship programs are governed by joint apprentice committees and training trust funds made up of an equal number of representatives from both labor and management who jointly fund these programs based on work hours.
(e) The utilization of apprentices on public works construction projects is of critical importance to ensure continuous on-the-job training of aspiring skilled tradespersons, as well as to ensure the added benefits that apprenticeship provides, such as a livable wage and health and welfare.
6991.
 (a) A state agency that enters into a public works contract under this division with an estimated value of not less than two hundred fifty thousand dollars ($250,000) shall decrease the bid amount of a bidder by 5 percent, for purposes of comparing the bid with competing bids, if the bidder is party to an apprenticeship agreement with an approved apprenticeship program. The lowest responsive and responsible bidder, taking the apprenticeship preference of this subdivision into consideration, shall be awarded the contract unless the solicitation provides for additional award criteria.
(b) A contractor seeking a 5-percent bid decrease pursuant to this chapter, at the time of submission of a bid for a public works contract, shall furnish written proof of approval to train apprentices by an approved apprenticeship program for each apprenticeable trade the contractor intends to employ on the public works project, signed under penalty of perjury.
(c) The contractor to which the contract is awarded as a result of the bid decrease shall employ registered apprentices in accordance with Section 1777.5 of the Labor Code, in addition to the standards of the applicable approved apprenticeship program.
(d) As used in this section:
(1) “Approved apprenticeship program” means a program approved pursuant to Section 3075 of the Labor Code.
(2) “Public works contract” has the same meaning as defined in Section 7103.5.
(3) “State agency” has the same meaning as defined in Section 10335.7.
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.