SB-119 would make several changes to the "call before you dig" laws governing excavations near subsurface installations. This would include, among other things, prohibiting an excavator that damages a subsurface installation due to an inaccurate field mark by an operator, from being liable for damages provided the excavator complied with all pre-excavation notification requirements and procedures.

NECA is opposing this legislation, unless amended, because it would create the California Underground Facilities Safe Excavation Authority (CUFSEA). This authority would be comprised of nine members, seven of which would be appointed by the Governor, including: three utilities, one non-utility locator, one one-call center, and two CSLB appointees (contractors). The two remaining members would be appointed by the Speaker of the Assembly and the Senate Rules Committee.  CUFSEA would be funded and authorized to enforce laws relating to the protection of underground infrastructure by hearing complaints and assessing civil penalties for violations of relevant laws.

Under this bill, a contractor who has had the misfortune of striking a subsurface installation, whether they were at fault or not, could face a multi-tiered process of enforcement by a number of different entities. This could include the new authority, coupled with existing jurisdictional agencies (CSLB, Cal OSHSA, local permitting agencies and District Attorneys) and the judicial process, all of which could have different and/or conflicting outcomes for contractors.  NECA is also concerned about the effectiveness, fairness and transparency of this new authority over time.

This bill has been voted out of the Senate and will next be heard in a policy committee in the Assembly.

Improvements to the PWCR system are part of the ongoing implementation of Senate Bill 854. SB 854, which became effective June 20, 2014, established a new public works program to replace the Compliance Monitoring Unit and Labor Compliance Program requirements for bond-funded and other public works projects. The new program covers all public works in the state rather than just selected categories of projects. The Labor Commissioner's Office continues to monitor and enforce prevailing wage requirements.

Contractors must register and meet requirements using the PWCR application before bidding on public works contracts in California. Using any Internet-connected computer, public works contractors can create an account, securely pay the $300 application or renewal fee and complete the application at their convenience. The registration process is finished when proof of payment is completed with the financial institution. If paying by credit card, the registration process is completed within 24 hours.

According to Labor Commissioner Julie Su, the online PWCR system, which was first launched nearly one year ago, has already helped to level the playing field for the public works community.

Among its wide-ranging enforcement responsibilities, the Labor Commissioner's Office inspects workplaces for wage and hour violations, adjudicates wage claims, enforces prevailing wage rates and apprenticeship standards in public works projects, investigates retaliation complaints, issues licenses and registrations for businesses and educates the public on labor laws. The most recent information related to California labor law is available on the Labor Commissioner's website as well as on Facebook and Twitter pages. "Wage Theft is a Crime," a multilingual campaign initiated statewide earlier this year, provides detail on how to identify and report wage theft, retaliation and other labor law violations.