§ 40520. — 40520. (Added by Stats. 2022, Ch. 472, Sec. 1.)

California § 40520.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 30.: DIVISION 30. WASTE MANAGEMENT
• Part 1.: PART 1. INTEGRATED WASTE MANAGEMENT
• Ch. 3.: CHAPTER 3. Department of Resources Recycling and Recovery
• Art. 4.: ARTICLE 4. Debris Cleanup and Removal

Text

(a)
As used in this section:
(1)
“Contract” means a contract between the department and a contractor to perform wildfire debris cleanup and removal.
(2)
“The department” means either the Department of Resources Recycling and Recovery or another state agency tasked to manage contracts for wildfire debris cleanup and removal by the Office of Emergency Services, within the office of the Governor, in accordance with the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).
(b)
(1)
The department shall prequalify contractors to
enter into contracts in communities impacted by wildfires. These contracts may be entered into before the onset of major damage in order to retain the contractor in readiness to respond to incidents as needed. Work performed under a contract entered into pursuant to this section shall be limited to preparation, removal, transport, and recycling or disposal of metals, ash, debris, concrete foundations and flatwork, potentially dangerous trees, and contaminated soil on residential and public properties included in the structural debris removal function.
(2)
The department shall require any contractor seeking to enter into a contract before the onset of major damage to obtain and submit to the department a standard form of questionnaire and financial statement, including a complete statement of the bidder’s financial ability and experience in performing the preparation, removal, transport, and recycling or disposal of metals, ash, debris, concrete
foundations and flatwork, potentially dangerous trees, and contaminated soil on residential and public properties. The bidder shall verify the questionnaire and financial statement under oath in the manner in which pleadings in civil actions are verified.
(c)
The department shall not award a contract to any bidder for the performance of any portion of a wildfire debris cleanup and removal project, unless the bidder meets the following requirements:
(1)
The prime contractor has a valid general engineering contractor license pursuant to the Contractors State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) with a state hazardous substance removal certification as described in Section 7058.7 of the Business and Professions Code.
(2)
The prime contractor is
registered with the Department of Industrial Relations and qualified to bid pursuant to Sections 1725.5 and 1771.1 of the Labor Code.
(3)
The prime contractor provides enforceable commitments to do both of the following:
(A)
Use a skilled and trained workforce to perform work under the contract, consistent with federal reimbursement requirements, which falls within an apprenticeable occupation pursuant to Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code, for itself and its subcontractors.
(B)
Pay prevailing wages and request the dispatch of apprentices, in accordance with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, for itself and its subcontractors.
(4)
The prime
contractor demonstrates the existence of, for itself and its subcontractors at every tier, an agreement with a registered apprenticeship program, approved by the California Apprenticeship Council, that has graduated apprentices in each of the preceding five years.
(5)
The prime contractor will self-perform at least 30 percent of the labor hours provided under the contract, as demonstrated by its certified payroll.
(6)
The prime contractor’s experience modification rate, within the state, for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category, or if the contractor is a party to an alternative dispute resolution system in accordance with Section 3201.5 of the Labor
Code.

Legislative History

Added by Stats. 2022, Ch. 472, Sec. 1. (SB 978) Effective January 1, 2023.