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AB-3125 Skilled and trained workforce requirements.(2023-2024)

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Date Published: 04/10/2024 09:00 PM
AB3125:v98#DOCUMENT

Amended  IN  Assembly  April 10, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3125

Introduced by Assembly Member Garcia

February 16, 2024

An act to amend Section 116755 of the Health and Safety Code, relating to water. An act to amend Section 2600 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 3125, as amended, Garcia. Mutual water companies: board members: training. Skilled and trained workforce requirements.
Existing law establishes requirements that apply when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project.
This bill would additionally apply the above-described requirements when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity, at every tier of the contract that falls within an apprenticeable occupation, will use a skilled and trained workforce for all goods or services, as specified, relating to any Salton Sea project, as defined.

Under existing law, a mutual water company is defined as a corporation organized for or engaged in the business of selling, distributing, supplying, or delivering water for irrigation or domestic purposes that provides in its articles or bylaws that the water shall be sold, distributed, supplied, or delivered only to owners of its shares, as specified. Existing law requires each board member of a mutual water company that operates a public water system, within 6 months of taking office and every 6 years thereafter, to complete a course offered by a qualified trainer regarding the duties of board members of mutual water companies, as provided.

This bill would require a board member of a mutual water company to provide proof of completion of that training to the State Water Resources Control Board no later than 30 days after completing the training.

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

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


SECTION 1.

 Section 2600 of the Public Contract Code is amended to read:

2600.
 (a) This chapter applies when a public entity is required by statute or regulation to obtain an enforceable commitment that of either of the following:
(1) That a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project.
(2) That a bidder, contractor, or other entity, at every tier of the contract that falls within an apprenticeable occupation, will use a skilled and trained workforce for all goods or services in excess of one-half of 1 percent of the prime contractor’s total bid to complete a contract or project relating to any Salton Sea project.
(A) As used in this paragraph, “Salton Sea project” includes the erection, construction, alteration, repair, or improvement of any Salton Sea structure, building, road, or other improvement that will exceed in cost, including labor and materials, a total of fifty thousand dollars ($50,000).
(B) This paragraph shall not apply to contracts or projects for transportation services.
(b) A public entity may require a bidder, contractor, or other entity to use a skilled and trained workforce to complete a contract or project regardless of whether the public entity is required to do so by a statute or regulation.
(c) When the use of a skilled and trained workforce to complete a contract or project is required pursuant to subdivision (a) or (b), the public entity shall include in all bid documents and construction contracts a notice that the project is subject to the skilled and trained workforce requirement.

SECTION 1.Section 116755 of the Health and Safety Code is amended to read:
116755.

(a)(1)Each board member of a mutual water company that operates a public water system, as defined in Section 116275, shall, within six months of taking office, or by December 31, 2012, if that member was serving on the board on December 31, 2011, complete a two-hour course offered by a qualified trainer regarding the duties of board members of mutual water companies, including, but not limited to, the duty of a corporate director to avoid contractual conflicts of interest and fiduciary duties, the duties of public water systems to provide clean drinking water that complies with the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.) and this chapter, and long-term management of a public water system. A board member of a mutual water company that operates a public water system shall repeat this training every six years. For the purposes of this paragraph, a trainer may be qualified in any of the following ways:

(A)Membership in the California State Bar.

(B)Accreditation by the International Association of Continuing Education and Training (IACET) ANSI/IACET 1-2007.

(C)Sponsorship by either the Rural Community Assistance Corporation or the California Rural Water Association.

(2)No later than 30 days after completing the training requirements described in paragraph (1), a board member of a mutual water company shall provide proof of completion of the requirements to the state board.

(b)A mutual water company formed pursuant to Part 7 (commencing with Section 14300) of Division 3 of Title 1 of the Corporations Code, that operates a public water system, shall be liable for the payment of any fines, penalties, costs, expenses, and other amounts that may be imposed upon the mutual water company pursuant to this chapter. The mutual water company may levy an assessment, pursuant to Section 14303 of the Corporations Code, to pay these fines, penalties, costs, expenses, and other amounts so imposed. If the amount of outstanding fines, penalties, costs, expenses, and other amounts imposed pursuant to this chapter exceed 5 percent of the annual budget of the mutual water company, the mutual water company shall levy an assessment, pursuant to Section 14303 of the Corporations Code, to pay those fines, penalties, costs, expenses, and other amounts so imposed.