Bill Text: CA SB1309 | 2019-2020 | Regular Session | Amended


Bill Title: Prevailing wage: Fort Ord Reuse Authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-26 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB1309 Detail]

Download: California-2019-SB1309-Amended.html

Amended  IN  Senate  March 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1309


Introduced by Senator Monning

February 21, 2020


An act to amend Section 1342.5 of the Health and Safety Code, relating to health care service plans. add Section 1720.1 to the Labor Code, relating to prevailing wage.


LEGISLATIVE COUNSEL'S DIGEST


SB 1309, as amended, Monning. Health care service plans. Prevailing wage: Fort Ord Reuse Authority.
Existing law, until June 30, 2020, authorizes specified local agencies to establish the Fort Ord Reuse Authority as a public corporation of the state and authorizes the authority’s board to adopt the Fort Ord Reuse Plan, as specified.
Existing law defines the term “public works” for purposes including the payment of prevailing wages. Existing law generally defines “public works” to include construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Under existing law, a willful violation of laws relating to the payment of prevailing wages on public works is punishable as a misdemeanor.
This bill would, for the limited purposes of the application of prevailing wage law, designate those construction projects subject to prevailing wage requirements by the Fort Ord Reuse Authority as part of the Fort Ord Reuse Plan to be “public works.” The bill would specify that this requirement shall remain in place notwithstanding the dissolution of the Fort Ord Reuse Authority.
By expanding the definition of “public works,” this bill would expand the scope of a crime, thereby imposing 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.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law establishes the Department of Managed Health Care to execute the laws of this state relating to health care service plans and the health care service plan business. Existing law makes the Director of the Department of Managed Health Care the chief officer of the department. Existing law requires the director to consult with the Insurance Commissioner prior to adopting any regulations applicable to health care service plans that are subject to the act and other entities governed by the Insurance Code for the specific purpose of ensuring, to the extent practical, that there is consistency of regulations applicable to these plans and entities by the Insurance Commissioner and the director.

This bill would make technical, nonsubstantive changes to that requirement.

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

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


SECTION 1.

 Section 1720.1 is added to the Labor Code, to read:

1720.1.
 (a) For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction, alteration, demolition, installation, or repair work done under private contract when all of the following conditions exist:
(1) The work is on a project located within the territory of Fort Ord.
(2) The work is subject to a prevailing wage requirement pursuant to Section 3.03.090 of the Fort Ord Reuse Authority Master Resolution, as amended on January 8, 2016.
(b) The prevailing wage requirements described in subdivision (a) shall remain in effect notwithstanding the dissolution of the authority. Any entity acting as a successor to the Fort Ord Reuse Authority with respect to the development or disposition of property within the territory of Fort Ord, including a current or former member agency to the Fort Ord Reuse Authority, shall be subject to that requirement and shall apply that requirement to such property within the territory of Fort Ord transferred by the successor entity or within the successor entity’s jurisdiction.
(c) This section shall apply to any work performed after the effective date of this section. The adoption of this section shall not affect the remedies available to enforce prevailing wage requirements on work performed under private contract within the territory of Fort Ord prior to the effective date of this section.
(d) For purposes of this section, the following definitions shall apply:
(1) “Construction” includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite.
(2) “Fort Ord Reuse Authority” has the same meaning as in Title 7.85 (commencing with Section 67650) of the Government Code.
(3) “Installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.
(4) “Member agency” has the same meaning as in subdivision (g) of Section 67655 of the Government Code.
(5) “Territory of Ford Ord” has the same meaning as in subdivision (h) of Section 67655 of the Government Code.

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.
SECTION 1.Section 1342.5 of the Health and Safety Code is amended to read:
1342.5.

The director shall consult with the Insurance Commissioner prior to adopting any regulations that are applicable to health care service plans subject to this chapter and to other entities governed by the Insurance Code for the specific purpose of ensuring, to the extent practical, that there is consistency in the regulations that are applicable to these plans and the other entities by the Insurance Commissioner and the Director of the Department of Managed Health Care.

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