Chapter 8. Office of the Director Subchapter 4. Awarding Body Labor Compliance Programs Subchapter 4.5. Compliance Monitoring and Enforcement by Department of Industrial Relations Article 1. Notices, Fees, and Fee Waivers

§16450. Applicability. [Text effective January 1, 2012]

(a) Except as provided in subparts (b) and (c) of this section, the regulations in this subchapter shall apply to contracts for public works projects awarded on or after January 1, 2012, if (1) the project is funded in whole or in part from any bond issued by the state to fund public works projects; (2) the project is subject to a statutory requirement to pay a fee to the Department of Industrial Relations for the monitoring and enforcement of prevailing wage requirements on that project; or (3) the project is undertaken by an Awarding Body that has elected to comply with the requirements of Labor Code Section 1771.5(f).

(b) Notwithstanding subpart (a) of this section, the regulations in this subchapter shall not apply to any public works project that is subject to the requirements of Public Resources Code Section 75075.

(c) With the exception of the notice requirements in section 16451(a), the regulations in this subchapter shall not apply to a project that is exempt from the requirement to pay a fee to the Department for monitoring and enforcement activities on the project on the basis that the Awarding Body has entered into a collective bargaining agreement that (1) binds all contractors and subcontractors performing work on the project and (2) includes a mechanism for resolving disputes about the payment of wages.

Note: Authority cited: Sections 54, 55, 1771.3, 1771.5 and 1773.5, Labor Code. Reference: Sections 17250.30 and 81704, Education Code; Section 6531, Government Code; Sections 1771.3, 1771.5 and 1771.7, Labor Code; Sections 6804, 20133, 20175.2, 20193, 20209.7, 20688.6 and 20919.3, Public Contract Code; and Section 75075, Public Resources Code.

HISTORY

1. New subchapter 4.5 (articles 1-2, sections 16450-16464), article 1 (sections 16450-16455) and section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).

2. Repealer of subchapter 4.5 (articles 1-2, sections 16450-16464), article 1 (sections 16450-16455) and section filed 11-4-2010 as an emergency; operative 11-4-2010 (Register 2010, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be repealed by operation of law on the following day.

3. Repealer of subchapter 4.5 (articles 1-2, sections 16450-16464), article 1 (sections 16450-16455) and section refiled 5-2-2011 as an emergency, including amendment of Note; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency language will be repealed by operation of law on the following day.

4. Repealer of subchapter 4.5 (articles 1-2, sections 16450-16464), article 1 (sections 16450-16455) and section refiled 8-1-2011 as an emergency; operative 8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day (Register 2011, No. 31).

5. Certificate of Compliance as to 8-1-2011 order, including amendment of section heading, adoption of new section and amendment of Note, transmitted to OAL 10-28-2011 and filed 12-7-2011; operative 1-1-2012 (Register 2011, No. 49).