BILL NUMBER: SB 136	CHAPTERED
	BILL TEXT

	CHAPTER  698
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2011
	APPROVED BY GOVERNOR  OCTOBER 9, 2011
	PASSED THE SENATE  SEPTEMBER 9, 2011
	PASSED THE ASSEMBLY  AUGUST 29, 2011
	AMENDED IN ASSEMBLY  AUGUST 22, 2011
	AMENDED IN ASSEMBLY  AUGUST 15, 2011
	AMENDED IN ASSEMBLY  JUNE 22, 2011
	AMENDED IN SENATE  MAY 19, 2011
	AMENDED IN SENATE  APRIL 28, 2011

INTRODUCED BY   Senator Yee
   (Principal coauthor: Assembly Member Solorio)

                        JANUARY 31, 2011

   An act to add Section 1720.6 to the Labor Code, relating to public
contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 136, Yee. Public contracts: prevailing wages.
   Existing law defines "public works," for purposes of regulating
public works contracts, as, among other things, construction,
alteration, demolition, installation, or repair work done under
contract and paid for, in whole or in part, out of public funds.
Existing law further requires that, except as specified, not less
than the general prevailing rate of per diem wages be paid to workers
employed on public works and imposes misdemeanor penalties for a
violation of this requirement. Existing law provides that for the
purposes of provisions of law relating to the payment of prevailing
wages, "public works" includes specified types of construction,
alteration, demolition, installation, and repair work.
   This bill would expand the definition of "public works," for the
purposes of provisions relating to the prevailing rate of per diem
wages, to also include any construction, alteration, demolition,
installation, or repair work done under private contract that
satisfies specified conditions related to energy, as prescribed.
   Because the violation of prevailing wage requirements by local
public entities when engaged in these public works projects would
result in the imposition of misdemeanor penalties, this bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1720.6 is added to the Labor Code, to read:
   1720.6.  For the limited purposes of Article 2 (commencing with
Section 1770) of this chapter, "public work" also means any
construction, alteration, demolition, installation, or repair work
done under private contract when the following conditions exist:
   (a) The work is performed in connection with the construction or
maintenance of renewable energy generating capacity or energy
efficiency improvements.
   (b) The work is performed on the property of the state or a
political subdivision of the state.
   (c) Either of the following conditions exists:
   (1) More than 50 percent of the energy generated is purchased or
will be purchased by the state or a political subdivision of the
state.
   (2) The energy efficiency improvements are primarily intended to
reduce energy costs that would otherwise be incurred by the state or
a political subdivision of the state.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.