Chapter 8. Office of the Director
Subchapter 4. Awarding Body Labor Compliance Programs
Article 1. Operation of Labor Compliance Program and Contracts Subject to Labor Compliance Program Jurisdiction

§16423. Approved Labor Compliance Program Required for Certain Bond-Funded Projects.

(a) No Awarding Body may use funds derived from one of the following sources for a public works project unless it initiates and enforces with respect to that project a Labor Compliance Program that complies with the requirements of Labor Code Section 1771.5(b) and has been approved by the Director pursuant to this subchapter.

(1) Kindergarten-University Public Education Facilities Bond Act of 2002 (Part 68.1 (commencing with Section 100600) of the Education Code) for public works that commence on or after April 1, 2003.

(2) Kindergarten-University Public Education Facilities Bond Act of 2004 (Part 68.2 (commencing with Section 100800) of the Education Code).

(3) Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code).

(4) Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century (Proposed Chapter 20 (commencing with Section 2704) of Division 3 of the Streets and Highways Code) [subject to voter approval]).

(b) The governing board of any Awarding Body that is required to initiate and enforce a Labor Compliance Program under subpart (a) above shall make a written finding that the Awarding Body has

(1) established its own Labor Compliance Program in accordance with the requirements of Labor Code Section 1771.5(b) and this subchapter; or

(2) has contracted with a third party that has been approved by the Director to operate a Labor Compliance Program in accordance with the requirements of Labor Code Section 1771.5(b) and this subchapter.

Copies of the finding required by this subpart together with (A) notice of whether or not the Awarding Body intends to initiate and enforce its Labor Compliance Program for all public works projects in which the Awarding Body participates, and (B) notice of any contract or agreement with a third party to operate a Labor Compliance Program shall be provided promptly to the Labor Commissioner and shall also be provided to the Director in connection with any application for approval of the Labor Compliance Program under sections 16425 through 16427 below.

(c) The limited exemption from payment of prevailing wages provided by Labor Code Section 1771.5(a) shall not apply to a project funded by one of the sources referred to in subpart (a) unless the Awarding Body initiates and enforces a Labor Compliance Program for all public works projects in which the Awarding Body participates.

NOTE

Authority cited: Section 1773.5, Labor Code. Reference: Sections 100600-100760 and 100800-100960, Education Code; Sections 1771.5, 1771.7, 1771.8 and 1771.9, Labor Code; Sections 2704-2704.21, Streets and Highways Code [subject to voter approval]; and Sections 79500-79590, Water Code.

HISTORY

1. New section filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).