AB 327: Public works: volunteers.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-07-06
Existing law defines public works, for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work that is performed under contract and paid for in whole or in part out of public funds. Pursuant to existing law, all workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem wages for work, except as specified.
Existing law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a community conservation corps. These provisions are effective only until January 1, 2017, and as of that date are repealed.
This bill would extend those provisions until January 1, 2024, at which date those provisions would be repealed. The bill would also delete an obsolete provision.
Existing law defines public works, for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work that is performed under contract and paid for in whole or in part out of public funds. Pursuant to existing law, all workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem wages for work, except as specified.
Existing law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a community conservation corps. These provisions are effective only until January 1, 2017, and as of that date are repealed.
This bill would extend those provisions until January 1, 2024, at which date those provisions would be repealed. The bill would also delete an obsolete provision.
Existing law defines public works, for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work that is performed under contract and paid for in whole or in part out of public funds. Pursuant to existing law, all workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem wages for work, except as specified.
Existing law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a community conservation corps. These provisions are effective only until January 1, 2017, and as of that date are repealed.
This bill would delete that repeal date provision, effectively extending extend those provisions indefinitely. until January 1, 2024, at which date those provisions would be repealed. The bill would also delete an obsolete provision.
Existing law defines public works, for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work that is performed under contract and paid for in whole or in part out of public funds. Pursuant to existing law, all workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem wages for work, except as specified.
Existing law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a community conservation corps. These provisions are effective only until January 1, 2017, and as of that date are repealed.
This bill would delete that repeal date provision, effectively extending those provisions indefinitely. The bill would also delete an obsolete provision.
This chapter shall not apply to any of the following work:
(a)Any work performed by a volunteer. For purposes of this section, volunteer means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed.
(1)An individual shall be considered a volunteer only when his or her services are offered freely and without pressure and coercion, direct or implied, from an employer.
(2)An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed.
(3)An individual shall not be considered a volunteer if the person is otherwise employed for compensation at any time (A) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (B) by a contractor, other than a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, that receives payment to perform construction, alteration, demolition, installation, repair, or maintenance work on the same project.
(b)Any work performed by a volunteer coordinator. For purposes of this section, volunteer coordinator means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individuals primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work.
(c)Any work performed by the California Conservation Corps or by Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code.
(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.
This chapter shall not apply to any of the following work:
(a)Any work performed by a volunteer. For purposes of this section, volunteer means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed.
(1)An individual shall be considered a volunteer only when his or her services are offered freely and without pressure and coercion, direct or implied, from an employer.
(2)An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed.
(3)An individual shall not be considered a volunteer if the person is otherwise employed for compensation at any time (A) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (B) by a contractor, other than a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, that receives payment to perform construction, alteration, demolition, installation, repair, or maintenance work on the same project.
(b)Any work performed by a volunteer coordinator. For purposes of this section, volunteer coordinator means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individuals primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work.
(c)Any work performed by the California Conservation Corps or by Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code.
(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.
This chapter shall not apply to any of the following work:
(a)Any work performed by a volunteer. For purposes of this section, volunteer means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed.
(1)An individual shall be considered a volunteer only when his or her services are offered freely and without pressure and coercion, direct or implied, from an employer.
(2)An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed.
(3)An individual shall not be considered a volunteer if the person is otherwise employed for compensation at any time (A) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (B) by a contractor, other than a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, that receives payment to perform construction, alteration, demolition, installation, repair, or maintenance work on the same project.
(b)Any work performed by a volunteer coordinator. For purposes of this section, volunteer coordinator means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individuals primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work.
(c)Any work performed by the California Conservation Corps or by Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code.
(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.
(a)This chapter shall not apply to any of the following work:
(1)
(a)Any work performed by a volunteer. For purposes of this section, volunteer means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed.
(A)
(1)An individual shall be considered a volunteer only when his or her services are offered freely and without pressure and coercion, direct or implied, from an employer.
(B)
(2)An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed.
(C)
(3)An individual shall not be considered a volunteer if the person is otherwise employed for compensation at any time (i) (A) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (ii) (B) by a contractor, other than a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, that receives payment to perform construction, alteration, demolition, installation, repair, or maintenance work on the same project.
(2)
(b)Any work performed by a volunteer coordinator. For purposes of this section, volunteer coordinator means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individuals primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work.
(3)
(c)Any work performed by the California Conservation Corps or by Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code.
(b)This section shall apply retroactively to otherwise covered work concluded on or after January 1, 2002, to the extent permitted by law.
(c)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2017, deletes or extends that date.
|
Date
|
Status
|
|---|---|
| May 28, 2015 | Referred to Com. on L. & I.R. |
| Jul 6, 2015 | Chaptered by Secretary of State - Chapter 53, Statutes of 2015. |
| Jul 6, 2015 | Approved by the Governor. |
| Jun 26, 2015 | Enrolled and presented to the Governor at 11 a.m. |
| Jun 23, 2015 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 22, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1550.). |
| Jun 22, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jun 17, 2015 | Ordered to special consent calendar. |
| Jun 11, 2015 | Read second time. Ordered to third reading. |
| Jun 10, 2015 | From committee: Do pass. (Ayes 5. Noes 0.) (June 10). |
| Feb 13, 2015 | Read first time. To print. |
| May 14, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1453.) |
| May 14, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 14, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2015 | Read second time. Ordered to Consent Calendar. |
| May 7, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (May 6). |
| May 4, 2015 | Re-referred to Com. on L. & E. |
| Apr 30, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Feb 23, 2015 | Referred to Com. on L. & E. |
| Feb 17, 2015 | From printer. May be heard in committee March 19. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 22, 2015 | Special Consent #3 AB327 Gordon | Senate Floor |
Passed |
|
| Jun 10, 2015 | Do pass | Senate Standing Committee on Labor and Industrial Relations |
Passed |
|
| May 14, 2015 | AB 327 GORDON Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 6, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Labor and Employment |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Lung Association Dba American Lung Association In California | * Support | Jul 3, 2018 |
| Amigos de Bolsa Chica | ** Support | Jun 10, 2015 |
| Amigos de los Rios | ** Support | Jun 10, 2015 |
| Anahuak Youth Sports Association | ** Support | Jun 10, 2015 |
| Anderson Marsh Interpretive Association | ** Support | Jun 10, 2015 |
| Arroyos & Foothills Conservancy | ** Support | Jun 10, 2015 |
| Audubon California | * Support | Jun 10, 2015 |
| Benicia State Parks Association | ** Support | Jun 10, 2015 |
| Benicia Tree Foundation | ** Support | Jun 10, 2015 |
| Big Sur Land Trust | ** Support | Jun 10, 2015 |
| Burbank, City of | ** Support | Jun 10, 2015 |
| CA Association of Local Conservation Corps | ** Support | Jun 10, 2015 |
| CA Association of School Building Officials | ** Support | Jun 10, 2015 |
| CA Native Plant Society | ** Support | Jun 10, 2015 |
| CA Park & Recreation Society | ** Support | Jun 10, 2015 |
| CA Special Districts Association | * Support | Jun 10, 2015 |
| CA State Association of Counties | ** Support | Jun 10, 2015 |
| CA State Building & Construction Trades | ** Support | Jun 10, 2015 |
| CA Urban Forests Council | ** Support | Jun 10, 2015 |
| Ca Urban Streams Partnership | ** Support | Jun 10, 2015 |
| Cache Cree Conservancy | ** Support | Jun 10, 2015 |
| Cache Creek Conservancy | ** Support | Jun 10, 2015 |
| Cal-Invasive Plants Council | ** Support | Jun 10, 2015 |
| California Air Pollution Control Officers Association | * Support | Jul 3, 2018 |
| California Association for Coordinated Transportation | * Against | Jul 3, 2018 |
| California Association Of Local Conservation Corps | ** Support | Jun 10, 2015 |
| California Association Of Sanitation Agencies | * Against Unless Amend | Jul 3, 2018 |
| California Association Of School Business Officials | ** Support | Jun 10, 2015 |
| California Council For Environmental And Economic Balance | * Against Unless Amend | Jul 3, 2018 |
| California Council Of Land Trusts | * Support | Jun 10, 2015 |
| California Environmental and Energy Consulting | ** Support | Jun 10, 2015 |
| California Hydrogen Business Council | * Support | Jul 3, 2018 |
| California Invasive Plant Council | ** Support | Jun 10, 2015 |
| California League Of Conservation Voters | ** Support | Jun 10, 2015 |
| California Municipal Utilities Association | * Against | Jul 3, 2018 |
| California Native Plant Society | ** Support | Jun 10, 2015 |
| California Park and Recreation Society | ** Support | Jun 10, 2015 |
| California Refuse Recycling Council | * Indeterminate | Jul 3, 2018 |
| California Releaf | ** Support | Jun 10, 2015 |
| California Special Districts Association | * Support | Jun 10, 2015 |
| California State Association Of Counties | ** Support | Jun 10, 2015 |
| California State Association of Electrical Workers, the Western State Council of Sheet Metal Workers, California State Pipe Trades Council | * Support | Jun 10, 2015 |
| California State Parks Foundation | ** Support | Jun 10, 2015 |
| California State Railroad Museum Foundation | ** Support | Jun 10, 2015 |
| California Transit Association | * Against Unless Amend | Jul 3, 2018 |
| California Trucking Association | * Indeterminate | Jul 3, 2018 |
| California Urban Forests Council | ** Support | Jun 10, 2015 |
| California Urban Streams Partnership | ** Support | Jun 10, 2015 |
| California Waterfowl | ** Support | Jun 10, 2015 |
| California Waterfowl Association | ** Support | Jun 10, 2015 |
| California Watershed Network | ** Support | Jun 10, 2015 |
| CalNonprofits | ** Support | Jun 10, 2015 |
| Calstart Inc | * Support | Jul 3, 2018 |
| Canopy | ** Support | Jun 10, 2015 |
| Catalina Island Conservancy | ** Support | Jun 10, 2015 |
| Cayucos Land Conservancy | ** Support | Jun 10, 2015 |
| Chino Hills State Park interpretive Association | ** Support | Jun 10, 2015 |
| Citizens for East Shore Parks | ** Support | Jun 10, 2015 |
| City of Danville | ** Support | Jun 10, 2015 |
| Coalition For Clean Air | ** Support | Jul 3, 2018 |
| Common Vision | ** Support | Jun 10, 2015 |
| Community Services Employment Training | ** Support | Jun 10, 2015 |
| Construction Employers' Association | ** Support | Jun 10, 2015 |
| Council for Watershed Health, Board of Directors | ** Support | Jun 10, 2015 |
| Defenders Of Wildlife | ** Support | Jun 10, 2015 |
| East Bay Municipal Utility District | ** Support | Jun 10, 2015 |
| East Bay Regional Park District | ** Support | Jun 10, 2015 |
| East Bay Regional Parks District | ** Support | Jun 10, 2015 |
| Empire Mine Park Association | ** Support | Jun 10, 2015 |
| Environment California | ** Support | Jun 10, 2015 |
| Fresno Metropolitan Flood Control | ** Support | Jun 10, 2015 |
| Friends of Allensworth | ** Support | Jun 10, 2015 |
| Friends of Balboa Park | ** Support | Jun 10, 2015 |
| Friends of China Camp | ** Support | Jun 10, 2015 |
| Friends of Harbors, Beaches & Parks | ** Support | Jun 10, 2015 |
| Friends of Harbors, Beaches and Parks | ** Support | Jun 10, 2015 |
| Friends of Lakes Folsom and Natoma | ** Support | Jun 10, 2015 |
| Friends of Mt Tam | ** Support | Jun 10, 2015 |
| Friends of Palomar Mountain State Park | ** Support | Jun 10, 2015 |
| Friends of the Urban Forest | ** Support | Jun 10, 2015 |
| Friends4Picacho | ** Support | Jun 10, 2015 |
| Habitat For Humanity | * Support | Jun 10, 2015 |
| Habitat for Humanity, California | * Support | Jun 10, 2015 |
| Hendy Woods Community | ** Support | Jun 10, 2015 |
| Hollywood Beautification Team | ** Support | Jun 10, 2015 |
| Huntington Beach Tree Society | ** Support | Jun 10, 2015 |
| International Society of Arboriculture, Western Chapter | ** Support | Jun 10, 2015 |
| Intl. Society of Arboriculture, Western Chapter | ** Support | Jun 10, 2015 |
| Just one Tree | ** Support | Jun 10, 2015 |
| Keep Eureka Beautiful | ** Support | Jun 10, 2015 |
| Koreatown Youth & Community Center | ** Support | Jun 10, 2015 |
| Koreatown Youth and Community Center | ** Support | Jun 10, 2015 |
| Lake County Land Trust | ** Support | Jun 10, 2015 |
| Land Conservancy of San Luis Obispo County | ** Support | Jun 10, 2015 |
| Land Trust for Santa Cruz County | ** Support | Jun 10, 2015 |
| Land Trust Of Santa Cruz County | ** Support | Jun 10, 2015 |
| Lassen Land & Trails Trust | ** Support | Jun 10, 2015 |
| Lassen Land and Trails | ** Support | Jun 10, 2015 |
| League Of California Cities | ** Support | Jun 10, 2015 |
| League To Save Lake Tahoe | ** Support | Jun 10, 2015 |
| League to Save Lake Tahoe, Keep Tahoe Blue | ** Support | Jun 10, 2015 |
| Los Angeles Conservation Corps | ** Support | Jun 10, 2015 |
| Los Angeles County Metropolitan Transportation Agency | * Support | Jun 20, 2018 |
| Los Angeles County Metropolitan Transportation Authority | * Against Unless Amend | Jul 3, 2018 |
| Los Angeles Neighborhood Land Trust | ** Support | Jun 10, 2015 |
| Marin Agricultural Land Trust | ** Support | Jun 10, 2015 |
| McKinleyville Land Trust | ** Support | Jun 10, 2015 |
| Mendocino Land Trust | ** Support | Jun 10, 2015 |
| Mojave River Natural History Association | ** Support | Jun 10, 2015 |
| Mountain Parks Foundation | ** Support | Jun 10, 2015 |
| Mountains Recreation & Conservation Authority | * Support | Jun 10, 2015 |
| Mountains Recreation And Conservation Authority | * Support | Jun 10, 2015 |
| Mountains Restoration Trust | ** Support | Jun 10, 2015 |
| Mounted Assistance Unit, California State Parks | ** Support | Jun 10, 2015 |
| Muir Heritage Land Trust | ** Support | Jun 10, 2015 |
| Napa County Regional Park & Open Space District | ** Support | Jun 10, 2015 |
| Napa County Regional Park and Open Space District | ** Support | Jun 10, 2015 |
| National Trust for Historic Preservation | ** Support | Jun 10, 2015 |
| Natural Resources Defense Council | ** Support | Jun 10, 2015 |
| North East Trees | ** Support | Jun 10, 2015 |
| North Lake Tahoe Resort Association | ** Support | Jun 10, 2015 |
| Northcoast Regional Land Trust | ** Support | Jun 10, 2015 |
| Ojai Valley Land Conservancy | ** Support | Jun 10, 2015 |
| Orange County Transportation Authority | * Against | Jul 3, 2018 |
| Our City Forest | ** Support | Jun 10, 2015 |
| Pacific Forest Trust | ** Support | Jun 10, 2015 |
| Palos Verdes Peninsula Land Conservancy | ** Support | Jun 10, 2015 |
| Palos Verdes Pennisula Land Conservancy | ** Support | Jun 10, 2015 |
| Peninsula Open Space Trust | ** Support | Jun 10, 2015 |
| Peninsula Open Space Trust, Big Sir Land Trust | * Support | Jun 10, 2015 |
| Pismo Beach CVB | ** Support | Jun 10, 2015 |
| Placer Land Trust | ** Support | Jun 10, 2015 |
| Planning And Conservation League | ** Support | Jun 10, 2015 |
| Poppy Reserve Mojave Desert Interpretive Association | ** Support | Jun 10, 2015 |
| Redwood Parks Association | ** Support | Jun 10, 2015 |
| Richmond Trees | ** Support | Jun 10, 2015 |
| Riverside Land Conservancy | ** Support | Jun 10, 2015 |
| Roseville Urban Forest Foundation | ** Support | Jun 10, 2015 |
| Rural County Representatives of CA | ** Support | Jun 10, 2015 |
| Rural County Representatives of California | ** Support | Jun 10, 2015 |
| Sacramento Tree Foundation | ** Support | Jun 10, 2015 |
| Santa Clara Valley Audubon Society | ** Support | Jun 10, 2015 |
| Save Mount Diablo | ** Support | Jun 10, 2015 |
| Save Our Forests | ** Support | Jun 10, 2015 |
| Save Our Heritage Organization | ** Support | Jun 10, 2015 |
| Save The Bay | ** Support | Jun 10, 2015 |
| Save the Redwoods League | ** Support | Jun 10, 2015 |
| Sea and Desert Interpretive Association | ** Support | Jun 10, 2015 |
| Sequoia Riverlands Trust | ** Support | Jun 10, 2015 |
| Sierra Cascade Land Trust Council | ** Support | Jun 10, 2015 |
| Sierra Club California | ** Support | Jun 10, 2015 |
| Sierra Foothill Conservancy | ** Support | Jun 10, 2015 |
| So. California Mountains Foundation | ** Support | Jun 10, 2015 |
| Solano Advocates Green Environments | ** Support | Jun 10, 2015 |
| Solano Land Trust | ** Support | Jun 10, 2015 |
| Sonoma County Water Agency | * Support | Jun 10, 2015 |
| Sonoma Land Trust | ** Support | Jun 10, 2015 |
| South Coast Air Quality Management District | * Support | Jul 3, 2018 |
| Southern CA Mountains Foundation | ** Support | Jun 10, 2015 |
| Southern California Public Power Authority | * Against | Jul 3, 2018 |
| Sports Leisure Vacations, LLC | ** Support | Jun 10, 2015 |
| State Park Partners Coalition | ** Support | Jun 10, 2015 |
| Tahoe Resource Conservation District | ** Support | Jun 10, 2015 |
| Tesla Inc. | * Support | Jul 3, 2018 |
| The Wilderness Institute | ** Support | Jun 10, 2015 |
| Torrey Pines Docent Society | ** Support | Jun 10, 2015 |
| Tree Davis | ** Support | Jun 10, 2015 |
| Tree Foundation of Kern | ** Support | Jun 10, 2015 |
| Tree Fresno | ** Support | Jun 10, 2015 |
| Tree Lodi | ** Support | Jun 10, 2015 |
| Tree Musketeers | ** Support | Jun 10, 2015 |
| Tree Partners Foundation | ** Support | Jun 10, 2015 |
| Tree San Diego | ** Support | Jun 10, 2015 |
| TreeDavis | ** Support | Jun 10, 2015 |
| Treepeople | ** Support | Jun 10, 2015 |
| Trout Unlimited | ** Support | Jun 10, 2015 |
| Truckee Donner Land Trust | ** Support | Jun 10, 2015 |
| Trust For Public Land, The | ** Support | Jun 10, 2015 |
| Urban Conservation Corps of the Inland Empire | ** Support | Jun 10, 2015 |
| Urban Corps of San Diego County | ** Support | Jun 10, 2015 |
| Urban ReLeaf | ** Support | Jun 10, 2015 |
| Urban Tree Foundation | ** Support | Jun 10, 2015 |
| Victoria Avenue Forever | ** Support | Jun 10, 2015 |
| Waddell Creek Association | ** Support | Jun 10, 2015 |
| West Hollywood Tree Preservation Society | ** Support | Jun 10, 2015 |
| Western Chapter, international Society of Aboriculture | ** Support | Jun 10, 2015 |
| Wildlife Heritage Foundation | ** Support | Jun 10, 2015 |
| Woodland Tree Foundation | ** Support | Jun 10, 2015 |
| Your Children's Trees | ** Support | Jun 10, 2015 |
AB 327
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 327
Amended: 4/30/15 in Assembly
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 6/10/15
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
ASSEMBLY FLOOR: 78-0, 5/14/15 - See last page for vote
SUBJECT: Public works: volunteers
SOURCE: California State Building & Construction Trades
California Council of Land Trusts
DIGEST: This bill extends the sunset date on the exemption that allows volunteers to perform work on public works projects and not be paid the prevailing wage, as would otherwise be required.
Existing law:
Defines public works as any construction, alteration, demolition, installation or repair work done under contract and paid for in whole or in part from public funds. This includes work performed during the design and pre-construction phase, including, but not limited to, inspection and land surveying. (Labor Code §1720)
Requires contracted public works projects to be submitted for bids by the public entity requesting the work, and that the contract is awarded to the lowest responsible bidder. The awarding body is required to ensure that the winning contractor is appropriately licensed with the Contractors’ State Licensing Board, and has not been in barred from bidding on, accepting, or performing public contracts. (Labor Code §§1725.5 & 1750)
Requires employees who work on public works projects with a budget of $1,000 or more to be paid the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work for the specific location where the public work is to be performed. This prevailing wage is determined by the Department of Industrial Relations. (Labor Code §1771)
Exempts from public work requirements any project where the Department of Fish and Wildlife (DFW) contracts with public agencies, Indian tribes, or nonprofit organizations for fish and wildlife habitat preservation, restoration, and enhancement. (Fish and Game Code §1501.5)
Exempts any work performed by volunteers from the public works requirements, but the exemption allowing volunteers on public works projects is set to expire on January 1, 2017. Volunteers are defined as:
Individuals who perform works for civic, charitable, or humanitarian reasons for a public agency or tax-exempt organization, such as a 501(c)(3), without any compensation;
Volunteer coordinators.
Members of the California Conservation Corps (CCC) or the Community Conservation Corps are also exempt.
Excludes from the definition of a volunteer:
Anyone who works on the public works project for compensation; or
Anyone who received payment from the contractor on the public works project for construction, alteration, demolition, installation, repair, or maintenance work on the same project. (Labor Code §1720.4)
This bill extends the sunset on the exemption for volunteers on public works project out seven years, from January 1, 2017 to January 1, 2024.
Background
In 2004, AB 2690 (Hancock, Chapter 330, Statutes of 2004), created an exemption for volunteers from public works requirements, but also included the sunset of January 1, 2009. This bill came about from a 2003 Department of Industrial Relations (DIR) decision, which found that a stream restoration project using student volunteers should have paid prevailing wages and assessed back wages and civil penalties.
At the time, the proponents argued that a public works exemption for volunteers was needed due to the “importance of volunteers in building community support for local projects”, many of which included environmental projects such as stream restoration, beach clean-up, wetlands restoration, and trail building. This exemption has been extended several times, most recently in by AB 587 (Gordon, Chapter 219, Statutes of 2011).
The proponents of this bill argue that this exemption has proven successful, and therefore it is important to extend this exemption for an additional 7 years to allow volunteers to continue to participate in preservation activities on public lands, including removing invasive species, river and beach clean-ups, and maintaining walking trails.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California State Building & Construction Trades (co-source)
California Council of Land Trusts (co-source)
Amigos de los Rios
Arroyos & Foothills Conservancy
Benicia Tree Foundation
Big Sur Land Trust
Bolsa Chica Land Trust
California Association of Local Conservation Corps
California Association of School Building Officials
California Native Plant Society
California Park & Recreation Society
California Special Districts Association
California State Association of Counties
California Urban Forests Council
California Urban Streams Partnership
Cache Creek Conservancy
California League of Conservation Voters
California ReLeaf
California State Association of Counties
California State Parks Foundation
California Waterfowl
California Watershed Network
Cal-Invasive Plants Council
CalNonprofits (CA Assoc of Nonprofits)
Canopy
Catalina Island Conservancy
Cayucos Land Conservancy
City of Burbank
City of Danville
City of Indian Wells
Common Vision
Community Services Employment Training
Construction Employers’ Association
Council for Watershed Health
Defenders of Wildlife
Ducks Unlimited
East Bay Municipal Utility District
East Bay Regional Parks District
Environment California
Fresno Metropolitan Flood Control
Friends of Balboa Park
Friends of Harbors, Beaches & Parks
Friends of the Urban Forest
Habitat for Humanity
Hollywood Beautification Team
Huntington Beach Tree Society
Intl. Society of Arboriculture, Western Chapter
Just One Tree
Keep Eureka Beautiful
Koreatown Youth & Community Center
Lake County Land Trust
Land Conservancy of San Luis Obispo County
Land Trust for Santa Cruz County
Lassen Land & Trails Trust
League of California Cities
League to Save Lake Tahoe
Los Angeles Conservation Corps
Los Angeles Neighborhood Land Trust
Marin Agricultural Land Trust
McKinleyville Land Trust
Mendocino Land Trust
Mountains Recreation & Conservation Authority
Mountains Restoration Trust
Muir Heritage Land Trust
Napa County Regional Park & Open Space District
Natural Resources Defense Council
North East Trees
Ojai Valley Land Conservancy
Our City Forest
Pacific Forest Trust
Palos Verdes Peninsula Land Conservancy
Peninsula Open Space Trust
Placer Land Trust
Planning and Conservation League
Richmond Trees
Riverside Land Conservancy
Roseville Urban Forest Foundation
Rural County Representatives of California
Sacramento Tree Foundation
San Joaquin River Parkway and Conservation Trust
Santa Clara Valley Audubon Society
Save Mount Diablo
Save the Bay
Save the Redwoods League
Sierra Cascade Land Trust Council
Sierra Club California
Sierra Foothill Conservancy
Solano Advocates Green Environments
Solano Land Trust
Sonoma County Water Agency
Sonoma Land Trust
Southern CA Mountains Foundation
State Park Partners Coalition
Tahoe Resource Conservation District
The City of Thousand Oaks
Tree Foundation of Kern
Tree Fresno
Tree Lodi
Tree Musketeers
Tree Partners Foundation
Tree San Diego
TreeDavis
TreePeople
Trout Unlimited
Truckee Donner Land Trust
Trust for Public Land
Urban Conservation Corps of the Inland Empire
Urban ReLeaf
Urban Tree Foundation
Victoria Avenue Forever
Wildlife Heritage Foundation
Woodland Tree Foundation
Your Children’s Trees
OPPOSITION: (Verified 6/10/15)
None received
ARGUMENTS IN SUPPORT:
According to the author, for more than 10 years, this exemption has proven a vital tool in keeping Californians connected to both their local community and our state’s environment and natural resources in a meaningful, productive way – and without any examples of abuse having arisen. This bill would extend that exemption until 2024. The author states that even though California is currently experiencing a period of economic recovery, extending this important provision will allow California to continue to tap into one of our greatest resources for healthy communities and the environment - volunteerism.
ASSEMBLY FLOOR: 78-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Linder, Medina
Prepared by: Gideon Baum / L. & I.R. / (916) 651-1556
6/12/15 14:28:15
**** END ****
AB 327
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 327
Amended: 4/30/15 in Assembly
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 6/10/15
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
ASSEMBLY FLOOR: 78-0, 5/14/15 - See last page for vote
SUBJECT: Public works: volunteers
SOURCE: California Council of Land Trusts
California State Building & Construction Trades
DIGEST: This bill extends the sunset date on the exemption that allows volunteers to perform work on public works projects and not be paid the prevailing wage, as would otherwise be required.
Existing law:
Defines public works as any construction, alteration, demolition, installation or repair work done under contract and paid for in whole or in part from public funds. This includes work performed during the design and pre-construction phase, including, but not limited to, inspection and land surveying. (Labor Code §1720)
Requires contracted public works projects to be submitted for bids by the public entity requesting the work, and that the contract is awarded to the lowest responsible bidder. The awarding body is required to ensure that the winning contractor is appropriately licensed with the Contractors’ State Licensing Board, and has not been in barred from bidding on, accepting, or performing public contracts. (Labor Code §§1725.5 & 1750)
Requires employees who work on public works projects with a budget of $1,000 or more to be paid the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work for the specific location where the public work is to be performed. This prevailing wage is determined by the Department of Industrial Relations. (Labor Code §1771)
Exempts from public work requirements any project where the Department of Fish and Wildlife (DFW) contracts with public agencies, Indian tribes, or nonprofit organizations for fish and wildlife habitat preservation, restoration, and enhancement. (Fish and Game Code §1501.5)
Exempts any work performed by volunteers from the public works requirements, but the exemption allowing volunteers on public works projects is set to expire on January 1, 2017. Volunteers are defined as:
Individuals who perform works for civic, charitable, or humanitarian reasons for a public agency or tax-exempt organization, such as a 501(c)(3), without any compensation;
Volunteer coordinators.
Members of the California Conservation Corps (CCC) or the Community Conservation Corps are also exempt.
Excludes from the definition of a volunteer:
Anyone who works on the public works project for compensation; or
Anyone who received payment from the contractor on the public works project for construction, alteration, demolition, installation, repair, or maintenance work on the same project. (Labor Code §1720.4)
This bill extends the sunset on the exemption for volunteers on public works project out seven years, from January 1, 2017 to January 1, 2024.
Background
In 2004, AB 2690 (Hancock, Chapter 330, Statutes of 2004), created an exemption for volunteers from public works requirements, but also included the sunset of January 1, 2009. This bill came about from a 2003 Department of Industrial Relations (DIR) decision, which found that a stream restoration project using student volunteers should have paid prevailing wages and assessed back wages and civil penalties.
At the time, the proponents argued that a public works exemption for volunteers was needed due to the “importance of volunteers in building community support for local projects”, many of which included environmental projects such as stream restoration, beach clean-up, wetlands restoration, and trail building. This exemption has been extended several times, most recently in by AB 587 (Gordon, Chapter 219, Statutes of 2011).
The proponents of this bill argue that this exemption has proven successful, and therefore it is important to extend this exemption for an additional 7 years to allow volunteers to continue to participate in preservation activities on public lands, including removing invasive species, river and beach clean-ups, and maintaining walking trails.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Council of Land Trusts (co-source)
California State Building & Construction Trades (co-source)
Amigos de los Rios
Arroyos & Foothills Conservancy
Benicia Tree Foundation
Big Sur Land Trust
Bolsa Chica Land Trust
California Association of Local Conservation Corps
California Association of School Building Officials
California Native Plant Society
California Park & Recreation Society
California Special Districts Association
California State Association of Counties
California Urban Forests Council
California Urban Streams Partnership
Cache Creek Conservancy
California League of Conservation Voters
California ReLeaf
California State Association of Counties
California State Parks Foundation
California Waterfowl
California Watershed Network
Cal-Invasive Plants Council
CalNonprofits (CA Assoc of Nonprofits)
Canopy
Catalina Island Conservancy
Cayucos Land Conservancy
City of Burbank
City of Danville
City of Indian Wells
Common Vision
Community Services Employment Training
Construction Employers’ Association
Council for Watershed Health
Defenders of Wildlife
Ducks Unlimited
East Bay Municipal Utility District
East Bay Regional Parks District
Environment California
Fresno Metropolitan Flood Control
Friends of Balboa Park
Friends of Harbors, Beaches & Parks
Friends of the Urban Forest
Habitat for Humanity
Hollywood Beautification Team
Huntington Beach Tree Society
Intl. Society of Arboriculture, Western Chapter
Just One Tree
Keep Eureka Beautiful
Koreatown Youth & Community Center
Lake County Land Trust
Land Conservancy of San Luis Obispo County
Land Trust for Santa Cruz County
Lassen Land & Trails Trust
League of California Cities
League to Save Lake Tahoe
Los Angeles Conservation Corps
Los Angeles Neighborhood Land Trust
Marin Agricultural Land Trust
McKinleyville Land Trust
Mendocino Land Trust
Mountains Recreation & Conservation Authority
Mountains Restoration Trust
Muir Heritage Land Trust
Napa County Regional Park & Open Space District
Natural Resources Defense Council
North East Trees
Ojai Valley Land Conservancy
Our City Forest
Pacific Forest Trust
Palos Verdes Peninsula Land Conservancy
Peninsula Open Space Trust
Placer Land Trust
Planning and Conservation League
Richmond Trees
Riverside Land Conservancy
Roseville Urban Forest Foundation
Rural County Representatives of California
Sacramento Tree Foundation
San Joaquin River Parkway and Conservation Trust
Santa Clara Valley Audubon Society
Save Mount Diablo
Save the Bay
Save the Redwoods League
Sierra Cascade Land Trust Council
Sierra Club California
Sierra Foothill Conservancy
Solano Advocates Green Environments
Solano Land Trust
Sonoma County Water Agency
Sonoma Land Trust
Southern CA Mountains Foundation
State Park Partners Coalition
Tahoe Resource Conservation District
The City of Thousand Oaks
Tree Foundation of Kern
Tree Fresno
Tree Lodi
Tree Musketeers
Tree Partners Foundation
Tree San Diego
TreeDavis
TreePeople
Trout Unlimited
Truckee Donner Land Trust
Trust for Public Land
Urban Conservation Corps of the Inland Empire
Urban ReLeaf
Urban Tree Foundation
Victoria Avenue Forever
Wildlife Heritage Foundation
Woodland Tree Foundation
Your Children’s Trees
OPPOSITION: (Verified 6/10/15)
None received
ARGUMENTS IN SUPPORT:
According to the author, for more than 10 years, this exemption has proven a vital tool in keeping Californians connected to both their local community and our state’s environment and natural resources in a meaningful, productive way – and without any examples of abuse having arisen. This bill would extend that exemption until 2024. The author states that even though California is currently experiencing a period of economic recovery, extending this important provision will allow California to continue to tap into one of our greatest resources for healthy communities and the environment - volunteerism.
ASSEMBLY FLOOR: 78-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Linder, Medina
Prepared by: Gideon Baum / L. & I.R. / (916) 651-1556
6/12/15 16:15:15
**** END ****
AB 327 (Gordon) Page 5 of 5
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 327 Hearing Date: June 10, 2015
Author: |
Gordon |
||
Version: |
April 30, 2015 |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Gideon Baum |
||
Subject: Public works: volunteers.
KEY ISSUE
Should the Legislature extend the sunset date on the exemption that allows volunteers to perform work on public works projects and not be paid the prevailing wage, as would otherwise be required?
ANALYSIS
Existing law public works as any construction, alteration, demolition, installation or repair work done under contract and paid for in whole or in part from public funds. This includes work performed during the design and pre-construction phase, including, but not limited to, inspection and land surveying. (Labor Code §1720)
Existing law requires, with certain exceptions, contracted public works projects to be submitted for bids by the public entity requesting the work, and that the contract is awarded to the lowest responsible bidder. The awarding body is required to ensure that the winning contractor is appropriately licensed with the Contractors’ State Licensing Board, and has not been in barred from bidding on, accepting, or performing public contracts. (Labor Code §§1725.5 & 1750)
Existing law requires all employees who work on public works projects with a budget of $1,000 or more to be paid the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work for the specific location where the public work is to be performed. This prevailing wage is determined by the Department of Industrial Relations.
(Labor Code §1771)
Existing law exempts from public work requirements any project where the Department of Fish and Game (DFG) contracts with public agencies, Indian tribes, or nonprofit organizations for fish and wildlife habitat preservation, restoration, and enhancement. Existing law also allows the DFG to contract with public and private entities for fish and wildlife habitat preservation, restoration, and enhancement, but these contracts are only exempt from public work requirements if they are less than $50,000. (Fish and Game Code §1501.5)
Existing law exempts any work performed by volunteers from the public works requirements, but the exemption allowing volunteers on public works projects is set to expire on January 1, 2017.
Under existing law volunteers are defined as:
Individuals who perform works for civic, charitable, or humanitarian reasons for a public agency or tax-exempt organization, such as a 501(c)(3), without any compensation;
Volunteer coordinators.
Members of the California Conservation Corps (CCC) or the Community Conservation Corps are also exempt.
Existing law excludes from the definition of a volunteer:
Anyone who works on the public works project for compensation; or
Anyone who received payment from the contractor on the public works project for construction, alteration, demolition, installation, repair, or maintenance work on the same project.
(Labor Code §1720.4)
This bill extends the sunset on the exemption for volunteers on public works project out five years, from January 1, 2017 to January 1, 2024.
COMMENTS
1. Need for this bill?
In 2004, AB 2690 (Hancock), Chapter 330, Statutes of 2004, created an exemption for volunteers from public works requirements, but also included the sunset of January 1, 2009. This bill came about from a 2003 Department of Industrial Relations (DIR) decision, which found that a stream restoration project using student volunteers should have paid prevailing wages and assessed back wages and civil penalties.
At the time, the proponents argued that a public works exemption for volunteers was needed due to the “importance of volunteers in building community support for local projects”, many of which included environmental projects such as stream restoration, beach clean-up, wetlands restoration, and trail building. This exemption has been extended several times, most recently in by AB 587 (Gordon), Chapter 219, Statutes of 2011.
The proponents of this bill argue that this exemption has proven successful, and therefore it is important to extend this exemption for an additional 7 years to allow volunteers to continue to participate in preservation activities on public lands, including removing invasive species, river and beach clean-ups, and maintaining walking trails.
2. Proponent Arguments:
According to the author, for more than 10 years, this exemption has proven a vital tool in keeping Californians connected to both their local community and our state’s environment and natural resources in a meaningful, productive way – and without any examples of abuse having arisen. This bill would extend that exemption until 2024. The author states that even though California is currently experiencing a period of economic recovery, extending this important provision will allow California to continue to tap into one of our greatest resources for healthy communities and the environment - volunteerism.
3. Opponent Arguments:
None on file.
4. Prior Legislation:
AB 587 (Gordon), Chapter 219, Statutes of 2011, was discussed above.
SUPPORT
CA State Building & Construction Trades (co-sponsor)
California Council of Land Trusts (co-sponsor)
Amigos de los Rios
Arroyos & Foothills Conservancy
Benicia Tree Foundation
Big Sur Land Trust
Bolsa Chica Land Trust
CA Association of Local Conservation Corps (CALCC)
CA Association of School Building Officials (CASBO)
CA Native Plant Society
CA Park & Recreation Society
CA Special Districts Association
CA State Association of Counties
CA Urban Forests Council
CA Urban Streams Partnership
Cache Creek Conservancy
California League of Conservation Voters (CLCV)
California ReLeaf
California State Association of Counties
California State Parks Foundation
California Waterfowl
California Watershed Network
Cal-Invasive Plants Council
CalNonprofits (CA Assoc of Nonprofits)
Canopy
Catalina Island Conservancy
Cayucos Land Conservancy
City of Burbank
City of Danville
City of Indian Wells
Common Vision
Community Services Employment Training
Construction Employers’ Association
Council for Watershed Health
Defenders of Wildlife
Ducks Unlimited
East Bay Municipal Utility District (EBMUD)
East Bay Regional Parks District
Environment California
Fresno Metropolitan Flood Control
Friends of Balboa Park
Friends of Harbors, Beaches & Parks
Friends of the Urban Forest
Habitat for Humanity
Hollywood Beautification Team
Huntington Beach Tree Society
Intl. Society of Arboriculture, Western Chapter
Just One Tree
Keep Eureka Beautiful
Koreatown Youth & Community Center
Lake County Land Trust
Land Conservancy of San Luis Obispo County
Land Trust for Santa Cruz County
Lassen Land & Trails Trust
League of California Cities
League to Save Lake Tahoe
Los Angeles Conservation Corps
Los Angeles Neighborhood Land Trust
Marin Agricultural Land Trust
McKinleyville Land Trust
Mendocino Land Trust
Mountains Recreation & Conservation Authority
Mountains Restoration Trust
Muir Heritage Land Trust
Napa County Regional Park & Open Space District
Natural Resources Defense Council (NRDC)
North East Trees
Ojai Valley Land Conservancy
Our City Forest
Pacific Forest Trust
Palos Verdes Peninsula Land Conservancy
Peninsula Open Space Trust (POST)
Placer Land Trust
Planning and Conservation League
Richmond Trees
Riverside Land Conservancy
Roseville Urban Forest Foundation
Rural County Representatives of CA (RCRC)
Sacramento Tree Foundation
San Joaquin River Parkway and Conservation Trust
Santa Clara Valley Audubon Society
Save Mount Diablo
Save the Bay
Save the Redwoods League
Sierra Cascade Land Trust Council
Sierra Club California
Sierra Foothill Conservancy
Solano Advocates Green Environments (SAGE)
Solano Land Trust
Sonoma County Water Agency
Sonoma Land Trust
Southern CA Mountains Foundation
State Park Partners Coalition
Tahoe Resource Conservation District
The City of Thousand Oaks
Tree Foundation of Kern
Tree Fresno
Tree Lodi
Tree Musketeers
Tree Partners Foundation
Tree San Diego
TreeDavis
TreePeople
Trout Unlimited
Truckee Donner Land Trust
Trust for Public Land (TPL)
Urban Conservation Corps of the Inland Empire
Urban ReLeaf
Urban Tree Foundation
Victoria Avenue Forever
Wildlife Heritage Foundation
Woodland Tree Foundation
Your Children’s Trees
OPPOSITION
None on file.
-- END --
AB 327
Page 8
Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 327
(Gordon) – As Amended April 30, 2015
SUBJECT: Public works: volunteers
SUMMARY: Extends the sunset date on a public works exemption for specified "volunteers" and other related individuals. Specifically, this bill:
Extends the current January 1, 2017 sunset date in existing law until January 1, 2024.
Makes related technical and conforming changes.
EXISTING LAW:
Requires the prevailing wage rate to be paid to all workers on public works projects over $1,000.
Defines "public work" to include, 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.
Provides that the provisions of existing law dealing with the payment of prevailing wages on public works projects do not apply to work performed by a volunteer or volunteer coordinator, as defined.
Defines a "volunteer" as an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or 501 (c)(3) tax-exempt organization without promise, expectation, or receipt of any compensation for work performed.
Defines a "volunteer coordinator" as an individual paid by a corporation or 501(c)(3) tax-exempt organization to oversee or supervise volunteers.
Clarifies that an individual may be considered a "volunteer coordinator" even if the individual performs some non-supervisory work on a project alongside the volunteers, so long as the individual's primary responsibility is to supervise.
Specifies that an individual shall be considered a volunteer only when his or her services are offered freely and without pressure and coercion, direct or implied, from an employer.
Authorizes a volunteer to receive reasonable meals, lodging, transportation, and incidental expenses or nominal non-monetary awards if those benefits and payments are not a substitute form of compensation.
Excludes from the definition of volunteer an individual if that person is otherwise employed for compensation at any time (a) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (2) by a contractor, other than a 501(c)(3) tax-exempt organization, that is receiving payment to perform construction, alteration, demolition, installation, repair or maintenance work on the same project.
Provides that the provisions of existing law dealing with the payment of prevailing wages on public works projects do not apply to work performed by members of the California Conservation Corps or a certified Community Conservation Corps.
Provides a January 1, 2017 sunset date to these provisions.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: This bill revisits an issue that arose in 2004 concerning the use of volunteer labor on certain public works projects. Much of the attention that arose at that time was a result of an enforcement action taken by the Department of Industrial Relations (DIR) in July 2003 in relation to a stream restoration project in Shasta County.
Brief Background on California Prevailing Wage Law
A feature of California law since the 1930s, existing law generally requires that prevailing wages be paid to all workers employed on public works projects. (Labor Code Section 1771). Current law defines a "public work" as construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. (Labor Code Section 1720).
Advocates of prevailing wage laws generally argue that such protections serve two important functions. First, such laws ensure that skilled workers employed in public works projects are paid at least the wages and benefits that "prevail" in their local communities. Second, proponents of prevailing wages argue that such laws make sure that unscrupulous contractors do not import unskilled or low skilled workers from other parts of the country who would undercut the local workforce by working for lower pay.
SB 975 (Alarcon), Chapter 1048, Statutes of 2002, among other things, established a definition of "paid for in whole or in part out of public funds" that conformed to several precedential coverage decisions made by DIR. These coverage decisions defined payment by land, reimbursement plans, installation, grants, waiver of fees, and other types of public subsidy as "public funds" for purposes of prevailing wage law.
The Labor Code also sets forth a statutory methodology for determining the prevailing wage rate. (Labor Code Section 1773.9). This methodology defines the prevailing rate as the single rate being paid to a majority of workers engaged in a particular craft, classification, or type of work within the locality and in the nearest labor market area. Where no single rate is being paid to a majority of workers the prevailing rate is the single rate being paid to the greatest number of workers (also referred to as the "modal rate").
The Prior Labor Code Public Works "Volunteer" Exemption
Prior to 2004, Section 1720.4 of the Labor Code, originally enacted in 1989, provided that "public works" shall not include any otherwise covered work that meets all of the following conditions:
The work is performed entirely by volunteer labor.
The work involves facilities or structures which are, or will be, used exclusively by, or primarily for or on behalf of, private nonprofit community organizations including, but not limited to, charitable, youth, service, veterans, and sports groups or associations.
The work will not have an adverse impact on employment.
The work is approved by the Director of Industrial Relations as meeting the requirements of this section.
The previous section 1720.4 also required the Director of DIR to request information on whether or not the work will have an adverse impact on employment from the appropriate local or state organization of duly authorized employee representatives of workers employed on public works.
The July 2003 DIR Enforcement Action
Significant media attention and controversy over this issue following a July 2003 enforcement action by DIR stemming from a stream restoration project in Shasta County.
In fiscal year 2000-01, the Department of Water Resources provided grant funding to the Sacramento Watersheds Action Group for a stream restoration project on Sulphur Creek in the City of Redding. According to media reports, students from nearby Shasta College were used for various activities including planting seeds, clearing brush, repairing culverts, installing rock beds to prevent erosion, and trash removal. The students reportedly earned course credit for classes in watershed restoration.
Responding to a complaint from a local labor organization, DIR investigated and determined that, based on the submitted job descriptions of the work performed by students and volunteers, prevailing wages were required for the following work: willow staking, spreading seeds and mulch, planting shrubs, operating heavy equipment, site cleanup, off-hauling garbage, and planting vegetation. The subsequent DIR enforcement action assessed back wages and civil penalties.
In September 2003, the Department of Water Resources (DWR) issued a memorandum that stated, "Due to the serious implications to our programs that would arise from being unable to support volunteerism, DWR is taking a conservative approach until these issues can be clarified…We will not enter into any new contracts possibly affected by these issues until we have a clearer picture of the obligations of DWR and the grantees under the Labor Code."
The 2004 Legislative Amendments to Labor Code Section 1720.4
Following the July 2003 enforcement action, there was an outcry among many in the environmental community that the prior Labor Code Section 1720.4, as interpreted by DIR, effectively prohibited the mixed use of volunteer and paid labor on public works projects.
After lengthy negotiations between the environmental community and representatives of organized labor, the Legislature enacted AB 2690 (Hancock), Chapter #330, Statutes of 2004. AB 2690 amended Labor Code Section 1720.4 into its current form.
In order to address concerns that there may be abuses of any "volunteer" exemption to California's prevailing wage laws, AB 2690 contained a January 1, 2009 sunset date.
The 2008 Sunset Extension and DIR Report
AB 2537 (Furutani) of 2008 extended the sunset date until January 1, 2012.
In addition, AB 2537 required DIR to submit a specified report to the Legislature before January 1, 2011, regarding volunteers on public works projects. According to this report, there was one complaint involving volunteer labor on public works projects in 2009 and 2010. In that case, a complaint was filed against a contractor for failing to provide payroll reports for electrical work done in a firehouse. However, the fire chief for that district issued a statement confirming that eight volunteer firefighters were completing the electrical work on the firehouse.
Prior to that complaint, the only report of abuse received by DIR was the initial complaint from 2003.
AB 587 (Gordon) from 2011
AB 587 (Gordon) from 2011 extended the sunset on the volunteer exemption until January 1, 2017. AB 587 also deleted the obsolete language in the law that required the DIR to submit a specified report to the Legislature before January 1, 2011, regarding volunteers on public works projects.
ARGUMENTS IN SUPPORT
According to the author, for more than 10 years, this exemption has proven a vital tool in keeping Californians connected to both their local community and our state’s environment and natural resources in a meaningful, productive way – and without any examples of abuse having arisen. This bill would extend that exemption until 2024. The author states that even though California is currently experiencing a period of economic recovery, extending this important provision will allow California to continue to tap into one of our greatest resources for healthy communities and the environment - volunteerism.
The California State Parks Foundation and others argue more than 39,000 volunteers provide their time, talent and energy to the state park system on a regular basis. Especially as public funding to our state parks has stretched existing staff thin, it is important that this type of volunteerism continue and, in fact, be encouraged by the state. For this to continue, however, it is critical that nonprofit organizations be able to continue to recruit and deploy volunteers without the requirement that those volunteers be paid prevailing wages.
REGISTERED SUPPORT / OPPOSITION:
Support
Amigos de Bolsa Chica
Amigos de los Rios
Anahuak Youth Sports Association
Anderson Marsh Interpretive Association
Arroyos & Foothill Conservancy
Benicia State Parks Association
Benicia Tree Foundation
Big Sur Land Trust
Bolsa Chica Land Trust
Cache Cree Conservancy
California Association of Local Conservation Corps
California Association of School Business Officials
California Council of Land Trusts (sponsor)
California Environmental and Energy Consulting
California Invasive Plant Council
California League of Conservation Voters
California League of Park Associations & Friends of Pio Pico
California Native Plant Society
California Park and Recreation Society
California ReLeaf
California Special Districts Association
California State Association of Counties
California State Parks Foundation
California State Railroad Museum Foundation
California Urban Forests Council
California Urban Streams Partnership
California Waterfowl Association
California Watershed Network
CalNonprofits
Canopy
Catalina Island Conservancy
Cayucos Land Conservancy
Chino Hills State Park Interpretive Association
Citizens for East Shore Parks
City of Burbank
City of Indian Wells
Common Vision
Community Services Employment Training
Construction Employers' Association
Council for Watershed Health, Board of Directors
Defenders of Wildlife
Ducks Unlimited
East Bay Municipal Utility District
East Bay Regional Park District
Empire Mine Park Association
Environment California
Friends of Allensworth
Friends of Balboa Park
Friends of China Camp
Friends of Harbors, Beaches and Parks
Friends of Lakes Folsom and Natoma
Friends of Mt Tam
Friends of Palomar Mountain State Park
Friends of the Urban Forest
Friends4Picacho
Habitat for Humanity, California
Hendy Woods Community
Hollywood Beautification Team
Huntington Beach Tree Society
International Society of Arboriculture, Western Chapter
Just One Tree
Keep Eureka Beautiful
Koreatown Youth and Community Center
Lake County Land Trust
Land Conservancy of San Luis Obispo County
Land Trust of Santa Cruz County
Lassen Land and Trails
League of California Cities
League to Save Lake Tahoe, Keep Tahoe Blue
Los Angeles Conservation Corps
Los Angeles Neighborhood Land Trust
Malibu Adamson House Foundation
Marin Agricultural Land Trust
McKinleyville Land Trust
Mendocino Land Trust
Mojave River Natural History Association
Mountain Parks Foundation
Mountains Recreation and Conservation Authority
Mountains Restoration Trust
Mounted Assistance Unit, California State Parks
Muir Heritage Land Trust
Napa County Regional Park and Open Space District
National Trust for Historic Preservation
Natural Resources Defense Council
North East Trees
North Lake Tahoe Resort Association
Northcoast Regional Land Trust
Ojai Valley Land Conservancy
Our City Forest
Pacific Forest Trust
Palos Verdes Pennisula Land Conservancy
Peninsula Open Space Trust
Pismo Beach CVB
Placer Land Trust
Planning and Conservation League
Poppy Reserve Mojave Desert Interpretive Association
Redwood Parks Association
Richmond Trees
Riverside Land Conservancy
Roseville Urban Forest Foundation
Rural County Representatives of California
Sacramento Tree Foundation
San Joaquin River Parkway and Conservation Trust
Santa Clara Valley Audubon Society
Save Mount Diablo
Save Our Forests
Save Our Heritage Organization
Save the Bay
Save the Redwoods League
Sea and Desert Interpretive Association
Sequoia Riverlands Trust
Sierra Cascade Land Trust Council
Sierra Club California
Sierra Foothill Conservancy
So. California Mountains Foundation
Solano Advocates Green Environments
Solano Land trust
Sonoma County Water Agency
Sonoma Land Trust
Sports Leisure Vacations, LLC
State Park Partners Coalition
Tahoe Resource Conservation District
The Wilderness Institute
Torrey Pines Docent Society
Tree Davis
Tree Foundation of Kern
Tree Fresno
Tree Lodi
Tree Musketeers
Tree Partners Foundation
Tree San Diego
TreePeople
Trout Unlimited
Truckee Donner Land Trust
Trust for Public Land
Urban Conservation Corps of the Inland Empire
Urban Corps of San Diego County
Urban ReLeaf
Urban Tree Foundation
Victoria Avenue Forever
Waddell Creek Association
West Hollywood Tree Preservation Society
Western Chapter, International Society of Aboriculture
Wildlife Heritage Foundation
Woodland Tree Foundation
Your Children's Trees
Opposition
None on file.
Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091
Discussed in Hearing
29MIN
Senate Standing Committee on Transportation and Housing
14MIN
Senate Standing Committee on Environmental Quality
9MIN
Senate Standing Committee on Labor and Industrial Relations
Bill Author
Bill Co-Author(s):
