Section 1782 Of Article 2. Wages From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 2.
1782
. (a) A charter city shall not receive or use state funding or
financial assistance for a construction project if the city has a
charter provision or ordinance that authorizes a contractor to not
comply with the provisions of this article on any public works
contract.
(b) A charter city shall not receive or use state funding or
financial assistance for a construction project if the city has
awarded, within the prior two years, a public works contract without
requiring the contractor to comply with all of the provisions of this
article. This subdivision shall not apply if the charter city's
failure to include the prevailing wage or apprenticeship requirement
in a particular contract was inadvertent and contrary to a city
charter provision or ordinance that otherwise requires compliance
with this article.
(c) A charter city is not disqualified by subdivision (a) from
receiving or using state funding or financial assistance for its
construction projects if the charter city has a local prevailing wage
ordinance for all its public works contracts that includes
requirements that in all respects are equal to or greater than the
requirements imposed by the provisions of this article and that do
not authorize a contractor to not comply with this article.
(d) For purposes of this section, the following shall apply:
(1) A public works contract does not include contracts for
projects of twenty-five thousand dollars ($25,000) or less when the
project is for construction work, or projects of fifteen thousand
dollars ($15,000) or less when the project is for alteration,
demolition, repair, or maintenance work.
(2) A charter city includes any agency of a charter city and any
entity controlled by a charter city whose contracts would be subject
to this article.
(3) A "construction project" means a project that involves the
award of a public works contract.
(4) State funding or financial assistance includes direct state
funding, state loans and loan guarantees, state tax credits, and any
other type of state financial support for a construction project.
State funding or financial assistance does not include revenues that
charter cities are entitled to receive without conditions under the
California Constitution.
(e) The Director of Industrial Relations shall maintain a list of
charter cities that may receive and use state funding or financial
assistance for their construction projects.
(f) (1) This section does not restrict a charter city from
receiving or using state funding or financial assistance that was
awarded to the city prior to January 1, 2015, or from receiving or
using state funding or financial assistance to complete a contract
that was awarded prior to January 1, 2015.
(2) A charter city is not disqualified by subdivision (b) from
receiving or using state funding or financial assistance for its
construction projects based on the city's failure to require a
contractor to comply with this article in performing a contract the
city advertised for bid or awarded prior to January 1, 2015.