§ 1725.6. — (Amended (as added by Stats. 2023, Ch. 39, Sec. 26) by Stats. 2024, Ch. 52, Sec. 24.)

California § 1725.6.

• Jurisdiction: California
• Code LAB: Labor Code - LAB
• Div. 2.: DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
• Part 7.: PART 7. PUBLIC WORKS AND PUBLIC AGENCIES
• Ch. 1.: CHAPTER 1. Public Works
• Art. 1.: ARTICLE 1. Scope and Operation

Text

A contractor shall be registered pursuant to this section to be qualified to be awarded contracts for, or engage in the performance of, any work on projects or developments subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code or any work on projects or developments where a statute or regulation requires registration pursuant to this section. For the purposes of this section, “contractor” includes
a subcontractor as defined by Section 1722.1.
(a)
To qualify for registration under this section, a contractor shall do all of the following:
(1)
(A)
Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter.
The director may establish and adjust annual registration and renewal fees by publishing the fees on the department’s internet website. The initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B)
A contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable registration or renewal fees to qualify for the number of years for which they wish to preregister.
(2)
Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A)
Workers’ compensation coverage that meets the requirements of Division 4
(commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage and skilled and trained workforce requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers’ compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code.
(B)
If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C)
The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local
administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.
(D)
The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.
(E)
The contractor has not been awarded contracts for, or engaged in the performance of, work on projects or developments subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or
65913.16 of the Government Code or where a statute or regulation requires registration pursuant to this section without being lawfully registered in accordance with this section, within the preceding 12 months, and also has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with Section 1725.5, within the preceding 12 months. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i)
The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii)
The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b)
Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.
(c)
A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from engaging in the performance of any work on projects or developments subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 6513.16 of the Government
Code or any work on projects or developments where a statute or regulation requires registration pursuant to this section until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d)
A contractor that has paid the registration or renewal fee and registered under Section 1725.5 shall not pay the registration or renewal fee required under paragraph (1) of subdivision (a) to register as a contractor under this section.
(e)
Pending the issuance of new rules and regulations to implement this section, Sections 16410 to 16418,
inclusive, of Title 8 of the California Code of Regulations shall apply.
(f)
This section shall remain in effect only until July 1, 2026, and as of that date is repealed.

Legislative History

Amended (as added by Stats. 2023, Ch. 39, Sec. 25) by Stats. 2024, Ch. 52, Sec. 23. (AB 171) Effective July 2, 2024. Repealed as of July 1, 2026, by its own provisions. See later operative version, as amended by Sec. 24 of Stats. 2024, Ch. 52.