81394.
(a) The governing board of a community college district may let to any private person, firm, or corporation, any real property which that belongs to the community college district if the instrument by which such the property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon on the real property of, a building or buildings for the joint use of the community college district and the private person, firm, or corporation during the term of the agreement; provided that title to that portion of the building to be occupied by the private individual, firm or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to such portion of the building to be occupied by the district shall vest in the district upon completion thereof and acceptance thereof by the district; provided further that no rental fee or other charge for the use of the building shall be paid by the district. lease or agreement if the following conditions are met: (1) The title to that portion of the building to be occupied by the private individual, firm, or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to the portion of the building to be occupied by the community college district shall vest in the community college district upon completion of the building or buildings and acceptance of the building or buildings by the community college district.
(2) Except as provided in subdivision (b), no rental fee or other charge for the use of the building or buildings shall be paid by the community college district.
(b) For a lease or agreement entered into pursuant to subdivision (a), if the constructed building or buildings are developed and operated as affordable housing for students or employees of the community college district, or for both those students and employees, the community college district and the private person, firm, or corporation may agree to waive the condition that no rental fee or other charge is to be paid by the community college district for the portion of the building that is for the exclusive use of the community college district.
(c) Construction, alteration, demolition, installation, repair, and maintenance work performed to carry out a lease or agreement entered into or renewed after January 1, 2022, pursuant to subdivision (a) shall be considered public works for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(d) (1) A lease or agreement entered into or renewed after January 1, 2022, pursuant to subdivision (a) shall require the private person, firm, or corporation to certify to the community college district that a skilled and trained workforce will be used to perform all construction work to carry out the lease or agreement.
(2) For a lease or agreement entered into or renewed after January 1, 2022, pursuant to subdivision (a), all of the following shall apply:
(A) The private person, firm, or corporation shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to perform all construction work to carry out the lease or agreement.
(B) Every contractor and subcontractor shall use a skilled and trained workforce to perform all construction work to carry out the lease or agreement.
(C) (i) Except as provided in clause (ii), the private person, firm, or corporation shall provide to the community college district, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the community college district pursuant to this clause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and shall be open to public inspection. A private person, firm, or corporation that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments in Section 1741 of the Labor Code, and may be reviewed pursuant to the procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(ii) Clause (i) does not apply if all contractors and subcontractors performing work to carry out the lease or agreement are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure.
(3) For purposes of this subdivision, the following definitions apply:
(A) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(B) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.