Fuel Reduction Work Contracts

Section § 80200

This law outlines requirements for certain fuel reduction projects, like creating firebreaks or rural road fuel breaks, that are funded with public money. Workers on these projects need to be paid at least the area's standard wage, particularly in occupations with established apprenticeship programs. Contractors must keep detailed payroll records and be legally registered to work on such projects. However, these rules don't apply if a federal entity funds the project using only federal funds, or if the work is done by a public agency with its own staff.

(a) Any fuel reduction work, including, but not limited to, residential chipping, rural road fuel breaks, and firebreaks, done under contract and paid for in whole or in part out of public funds, as defined in subdivision (b) of Section 1720 of the Labor Code, except as specified in subdivision (b), subdivision (c), Section 80202, or Section 80203, shall be subject to the following standards:

(1) All workers employed in the execution of the contract to perform work that falls within an apprenticeable occupation in the building and construction trades for which an apprenticeship program has been approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.

(2) All contractors and subcontractors shall maintain payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section.

(3) A contractor shall be registered pursuant to Section 1725.6 of the Labor Code to be qualified to bid on, be awarded contracts for, or engage in the performance of, any work subject to the requirements of this section. For the purposes of this paragraph, “contractor” includes a subcontractor as defined by Section 1722.1 of the Labor Code.

(b) This division does not apply to fuel reduction work that is awarded by a federal entity using solely federal funds under which federal prevailing wage requirements apply.

(c) This division is applicable only to work performed under contract and is not applicable to work carried out by a public agency with its own forces.

fuel reduction projects residential chipping rural road fuel breaks ...

Section § 80201

This law explains how the requirement to pay prevailing wages can be enforced. If someone doesn't pay these wages as required, the Labor Commissioner can take action by issuing a civil wage and penalty assessment. This can be reviewed according to specific sections of the Labor Code. Workers who aren't paid properly can make a complaint or take legal action. Additionally, a joint labor-management committee can also sue. If there's a penalty assessment, the contractor and subcontractors on the project, along with any bond surety, are responsible for any damages according to another section of the Labor Code.

(a) The requirement to pay prevailing wages pursuant to this division may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.

(b) If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.

prevailing wages enforcement Labor Commissioner action civil wage and penalty assessment ...

Section § 80202

This law is about when certain rules apply to contracts. Specifically, it says that these rules only kick in if the contract is worth more than $500,000. If it's under that amount, these rules don't apply.

This division only applies to contracts in excess of five hundred thousand dollars ($500,000).

contracts threshold contract value ...

Section § 80203

This law outlines various exceptions to a certain set of regulations. It states that the rules do not apply to work on Indian lands or under contracts with Native American tribes. Prescribed fire or grazing work is also excluded, as is work on private land, which is considered an exception to maintenance regulations.

Nonprofits that contract with the state or political subdivisions are exempt until July 1, 2027, and existing contracts won't be affected unless renewed after that date. Workers who are already exempt from public works requirements and inmates doing fuel reduction work are also not covered by this division.

(a) This division does not apply to work performed on Indian lands, as defined in Section 2703 of Title 25 of the United States Code, nor to work performed under contract with a federally recognized Native American tribe.

(b) This division does not apply to prescribed fire or grazing work.

(c) This division does not apply to work performed on private land. That work shall be considered an exception to the definition of maintenance in Section 16000 of Title 8 of the California Code of Regulations.

(d) This division does not apply to nonprofit organizations that directly contract with the state or a political subdivision until July 1, 2027, and does not apply to any contract, subcontract, or grant agreement between a nonprofit organization and the state or a political subdivision that is fully executed when this division becomes operative, unless the contract, subcontract, or grant agreement is renewed after July 1, 2027.

(e) This division does not apply to any workers who are currently exempt from public works requirements pursuant to Section 1720.4 of the Labor Code.

(f) This division does not apply to fuel reduction work performed by an inmate.

Indian lands work exemption tribal contract regulations prescribed fire work exclusion ...

Section § 80204

This law will take effect on July 1, 2026. It won't affect any contracts, subcontracts, or grant agreements that are completely signed before that date, unless these agreements are renewed afterward.

This division shall become operative on July 1, 2026, and does not apply to any contract, subcontract, or grant agreement that is fully executed when this division becomes operative, unless the contract, subcontract, or grant agreement is renewed after July 1, 2026.

operative date contract subcontract ...