Bureaucracy - California Style [RE-wrenches]

[Graham Owen]

Matt Lafferty wrote:

One of my thoughts for one direction we should consider is to propose a 
bill that "excludes" systems below a certain size from the Public Works 
requirements and the other burdensome issues.... end of snip…



Below I am pasting part of the California Labor Code, which related to 
Public Works.  Paragraph 1771 states that prevailing wages have to be 
paid for all jobs that cost $1,000 or more. Paragraph 1771.5 makes 
holiday pay exceptions for jobs costing less than $25,000.  I think we 
could still have a viable residential PV market if lots of little jobs 
costing less than $25,000 could be installed without the public works 
baggage.


1771.  Except for public works projects of one thousand dollars
($1,000) or less, not less than the general prevailing rate of per
diem wages for work of a similar character in the locality in which
the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work fixed
as provided in this chapter, shall be paid to all workers employed
on public works.
   This section is applicable only to work performed under contract,
and is not applicable to work carried out by a public agency with its
own forces. This section is applicable to contracts let for
maintenance work.


1771.2.  A joint labor-management committee established pursuant to
the federal Labor Management Cooperation Act of 1978 (Section 175a of
Title 29 of the United States Code) may bring an action in any court
of competent jurisdiction against an employer that fails to pay the
prevailing wage to its employees, as required by this article.  This
action shall be commenced not later than 180 days after the filing of
a valid notice of completion in the office of the county recorder in
each county in which the public work or some part thereof was
performed, or not later than 180 days after acceptance of the public
work, whichever last occurs.



1771.5.  (a) Notwithstanding Section 1771, an awarding body shall
not require the payment of the general prevailing rate of per diem
wages or the general prevailing rate of per diem wages for holiday
and overtime work for any public works project of twenty-five
thousand dollars ($25,000) or less when the project is for
construction work, or for any public works project of fifteen
thousand dollars ($15,000) or less when the project is for
alteration, demolition, repair, or maintenance work, if the awarding
body elects to initiate and enforce a labor compliance program
pursuant to subdivision (b) for every public works project under the
authority of the awarding body.
   (b) For the purposes of this section, a labor compliance program
shall include, but not be limited to, the following requirements:
   (1) All bid invitations and public works contracts shall contain
appropriate language concerning the requirements of this chapter.
   (2) A prejob conference shall be conducted with the contractor and
subcontractors to discuss federal and state labor law requirements
applicable to the contract.
   (3) Project contractors and subcontractors shall maintain and
furnish, at a designated time, a certified copy of each weekly
payroll containing a statement of compliance signed under penalty of
perjury.
   (4) The awarding body shall review, and, if appropriate, audit
payroll records to verify compliance with this chapter.
   (5) The awarding body shall withhold contract payments when
payroll records are delinquent or inadequate.
   (6) The awarding body shall withhold contract payments equal to
the amount of underpayment and applicable penalties when, after
investigation, it is established that underpayment has occurred.


Graham F. Owen
GO Solar Company
12439 Magnolia Blvd. #132
North Hollywood,  CA  91607 
phone 818.566.6870
fax 818.566.6879
email graham at solarexpert.com

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