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SB-1049 Public contracts: local public entities: project labor agreements.(2017-2018)



Current Version: 02/08/18 - Introduced        


SB1049:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1049


Introduced by Senator Moorlach

February 08, 2018


An act to amend Section 2501 of, and repeal Sections 2502 and 2503 of, the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


SB 1049, as introduced, Moorlach. Public contracts: local public entities: project labor agreements.
Existing law sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by public entities and requires a project labor agreement for a construction project used or entered into by a public entity, or required of contractors by the public entity, to include specified provisions.
Existing law authorizes members of the governing board of a local public entity to choose by majority vote whether to use, enter into, or require contractors to enter into such a project labor agreement for a specific project or projects awarded by that entity and whether to allocate funding to a specific project covered by such an agreement. Existing law prohibits a charter provision, initiative, or ordinance from preventing the governing board of a local public entity, other than a charter city, from exercising this authority on a project-specific basis.
Existing law prohibits the use of state funding or financial assistance to support a charter city project if a charter provision, initiative, or ordinance prohibits the governing board’s consideration of such a project labor agreement for the project or prohibits the governing board from considering whether to allocate funds to a city-funded project covered by such an agreement. Existing law also prohibits the use of state funding or financial assistance to support any construction projects awarded by a charter city if a charter provision, initiative, or ordinance prohibits, limits, or constrains in any way the governing board’s consideration of authority or discretion to adopt, require, or utilize such a project labor agreement for some or all of the construction projects to be awarded by the city, as specified.
This bill would delete all of the above prohibitions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2501 of the Public Contract Code is amended to read:

2501.
 The members of the governing board of a local public entity may choose by majority vote whether to use, enter into, or require contractors to enter into a project labor agreement that includes all the taxpayer protection provisions of Section 2500 for a specific project or projects awarded by that entity and whether to allocate funding to a specific project covered by such an agreement. A charter provision, initiative, or ordinance shall not prevent the governing board of a local public entity, other than a charter city, from exercising this authority on a project-specific basis.

SEC. 2.

 Section 2502 of the Public Contract Code is repealed.
2502.

If a charter provision, initiative, or ordinance of a charter city prohibits the governing board’s consideration of a project labor agreement that includes all the taxpayer protection provisions of Section 2500 for a project to be awarded by the city, or prohibits the governing board from considering whether to allocate funds to a city-funded project covered by such an agreement, then state funding or financial assistance shall not be used to support that project. This section shall not be applicable until January 1, 2015, for charter cities in which a charter provision, initiative, or ordinance in effect prior to November 1, 2011, would disqualify a project from receiving state funding or financial assistance.

SEC. 3.

 Section 2503 of the Public Contract Code is repealed.
2503.

If a charter provision, initiative, or ordinance of a charter city prohibits, limits, or constrains in any way the governing board’s authority or discretion to adopt, require, or utilize a project labor agreement that includes all the taxpayer protection provisions of Section 2500 for some or all of the construction projects to be awarded by the city, then state funding or financial assistance shall not be used to support any construction projects awarded by the city. This section shall not be applicable until January 1, 2015, for charter cities in which a charter provision, initiative, or ordinance in effect prior to November 1, 2011, would disqualify a construction project from receiving state funding or financial assistance.