AB2311:v95#DOCUMENTBill Start
Assembly Bill
No. 2311
CHAPTER 347
An act to amend Section 2600 of, and to add Section 2600.5 to, the Public Contract Code, relating to public contracts.
[
Approved by
Governor
September 30, 2020.
Filed with
Secretary of State
September 30, 2020.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 2311, Low.
Public contracts: skilled and trained workforce requirement: notice.
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. Existing law also authorizes a public entity to require that a bidder, contractor, or other entity use a skilled and trained workforce to complete a contract or project.
This bill would require a public entity, when the use of a skilled and trained workforce to complete a contract or project is required pursuant to existing law, to include in all bid documents and construction contracts a notice that the project is subject to the skilled and trained workforce requirement. The bill would additionally
provide, if a public entity fails to provide the notice, that the public entity shall not be excused from the requirement to obtain the enforceable commitment and that a bidder, contractor, or other entity is not excused from the obligation to use a skilled or trained workforce, as provided.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
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 a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project.(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.
SEC. 2.
Section 2600.5 is added to the Public Contract Code, to read:2600.5.
The failure of a public entity to provide a notice pursuant to subdivision (c) of Section 2600 shall not excuse either of the following:(a) The public entity from the requirement 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.
(b) A bidder, contractor, or other entity from the obligation to use a skilled or trained workforce if such a requirement is imposed by a statute or regulation.