BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                            John Vasconcellos, Chair
                           2003-2004 Regular Session
                                        

          BILL NO:       AB 1647        
          AUTHOR:        Wiggins
          AS INTRODUCED: February 21, 2003
          FISCAL COMM:   Yes            HEARING DATE:  July 2, 2003
          URGENCY:       No             CONSULTANT:Kathleen Chavira

          
           SUBJECT    School Building Construction - Pre-fabricated  
          Materials

           SUMMARY  

          This bill requires the Department of General Services to  
          study the use, and its approval, of prefabricated materials  
          in the construction of public schools and to report its  
          findings, as specified, to the Legislature by January 1,  
          2005.  

           BACKGROUND  

          Current law provides for the safety of design and  
          construction of factory-built buildings for use as school  
          buildings and directs the DGS to prescribe procedures for  
          the plans, specifications, methods of construction, and  
          estimates of costs of a factory-built school building to be  
          submitted to the department for approval.  A factory-built  
          building means any building designed or intended for use as  
          a school building which is either wholly manufactured or is  
          in substantial part manufactured at an offsite location in  
          accordance with building standards adopted in specified  
          law.  A manufacturer of such buildings is required to  
          submit to the DGS and the SDE, for approval, its plans,  
          specifications, methods of construction, and estimate of  
          cost of such buildings.  

          AB 1506 (Wesson, Chapter 868, Statutes of 2002) required  
          entities using funds from the education facilities bond  
          acts of 2002 and 2004 for public works projects to initiate  
          and enforce, or contract with a third-party to initiate and  
          enforce labor compliance programs.  Among other things a  
          labor compliance program requires that the awarding body  




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          review, and, if appropriate, audit payroll records to  
          verify compliance with prevailing wage law.  An awarding  
          body is required to make a written finding that it has  
          initiated and enforced a labor compliance program. If the  
          awarding body is a school district, the governing body of  
          the district must transmit a copy of the written finding to  
          the State Allocation Board (SAB).  The SAB is prohibited  
          from releasing funds until the written finding has been  
          received. 






           ANALYSIS 

           This bill  :

          1)   Requires the Department of General (DGS) services to:

               a)        Study the use, and its approval, of  
                    prefabricated materials in the construction of  
                    public schools.

               b)        Report its findings, to include an inventory  
                    of all types of prefabricated materials submitted  
                    to DGS for approval, to the Legislature by  
                    January 1, 2005.  

          2)   Repeals the provisions of the bill as of January 1,  
               2006.

           STAFF COMMENTS  

          According to information provided by the author, the  
          problem which this bill attempts to address is related to  
          Precedential Decision #2002-064, issued by the Director of  
          the Department of Industrial Relations, which required that  
          prevailing wages be paid to the employees of contractors  
          and subcontractors engaged in the off-site fabrication or  
          pre-fabrication of items produced for public works  
          projects.  It is unclear to staff how the bill's provisions  
          are related to the author's intent.  What content is  
          expected in the study?  What action is the Legislature to  
          consider as a result of the study?  What action is DGS  




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          expected to take?  Is the study expected to provide  
          information to the Department of Industrial Relations?  Why  
          is it necessary to gather this information on all requests  
          submitted, versus only those approved?  Staff recommends  
          that the bill be amended to clarify what is to be studied  
          and reported by DGS, and how the Legislature, or other  
          entities are to use the resulting information. 

           SUPPORT  

          None received

           OPPOSITION  

          None received